"We are currently reviewing all of our possible options, but we do not tolerate counterfeiting, piracy, or infringement of our intellectual property rights in any form."
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Though the company has yet to declare any official legal action, it will do its best to keep the software from spreading. The Nintendo 64 emulator infringes on Nintendo's intellectual property rights including copyrights and circumvents Nintendo's Anti-piracy Security System." A company spokesperson offers, "Bottom line, emulators are illegal. Nintendo, meanwhile, isn't as amazed by the UltraHLE as the emulation scene is. "It really boils down to being nothing more than a technical exercise to advance emulation technology." "The bottom line here is that we wanted to show the world that anything is possible," RealityMan points out.
It seems that the split of those for and those against the emulator is fairly even, but it is causing a lot of harsh words and broken friendships and sites being shut down." "Another point to note is that this release, however short, has caused one of the biggest upheavals in the emulation community that I can remember. It states that it disapproves of such a thing in a big way, however, it makes nothing clear as to whether it would take action against the emulator." "Nintendo's point of view seems even more unclear. "Does this mean that we could rewrite the emulator as a development tool? - possibly, but we need to think more on this subject." "The IDSA's point of view on emulators is a little hazy in that licensed developers of a console system can use console emulators, although these are normally hardware based," wrote RealityMan. Our aim is to develop emulation technology further, not to hurt Nintendo." The UltraHLE project is now on hold, and will be discontinued if this activity continues. It seems the emulation community is not ready for something like this. The reaction we saw was not the one we expected. We do not condone the use of illegal ROMs in any form and this emulator was not designed to be used for this. A lot of people seemed more interested in acquiring illegal copies of game ROMs, than looking at the technical efforts that went into producing the emulator. Within a matter of four hours we had to close the site as things moved at an unforeseen pace. As you are well aware, we released a Nintendo 64 Emulator on the Internet on Thursday 28th January 1999. "My colleague (Epsilon) was not available for this statement so these comments are mine and mine only. According to UltraHLE's designers, the software was not created for piracy purposes, but rather to prove that it could be done.Ĭo-developer of UltraHLE, RealityMan, issued this statement to IGN64 today: It is illegal to emulate games for pirating purposes. If the sole purpose of an emulator is to allow the playing of a console game on a PC, and the owner of the copyrights in that console game has not authorized the performance, display, or derivative work created when a console game is played on a PC, then the creation and use of that emulator constitutes a contributory infringement of the copyrights in the console game."Īccording to the IDSA, it is acceptable to emulate games if it is done for development purposes. "While some emulators are made by hobbyist programmers, that does not mean that they are legal. In contrast, most emulators that are freely available today are merely software emulators that have no role in the creation of properly licensed video games and therefore have the exclusive purpose of infringing copyrights and are unambiguously illegal." In this case, programmers are using emulators lawfully, that is, they use them to create new, properly licensed videogames with the authorization of the copyright owner.
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However, programmers who are properly licensed to create games for a game console use a hardware emulator, which uses proprietary code in combination with a modified console system and other specialized hardware. "Some programmers do use emulators to create games. The Interactive Digital Software Association (or IDSA), a non-government organization formed to combat software piracy, has this to say about emulators:
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