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> Yes exactly, this idea that piracy is lost sales has always been rubbish

That's beside the point. What matters is that Nintendo believes that piracy must be opposed at all costs. It's not about sales, it's not about money, it's not about logic, I don't think it's even about the actual law. It's about attacking piracy, as an end unto itself.




Businesses don't attack piracy because of law but because of losses.

Besides,as another post mentions, Switch piracy is probably very limited. So it doesn't cost much to Nintendo to maintain pressure on piracy.

And after all, even if they don't do it for the law, they can do it thanks to the law. It's their right (and I'm a free software zealot :-)).


> Businesses don't attack piracy because of law but because of losses.

> Besides,as another post mentions, Switch piracy is probably very limited.

Switch piracy is very limited, but they pursue it aggressively because of the losses it causes them? Besides, that's already bunk; every time someone actually puts together a study it turns out that piracy is good for sales.

> And after all, even if they don't do it for the law, they can do it thanks to the law. It's their right

Well no; when I say that I don't think it's even about the law, I meant that their idea of what is and isn't okay seems to be more aggressive than the actual law. Contrast:

https://web.archive.org/web/20190329045404/https://www.ninte...

> Are Game Copying Devices Illegal?

> Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.

vs

https://web.archive.org/web/20230428020356/https://www.copyr...

> 117. Limitations on exclusive rights: Computer programs55

> (a) Making of Additional Copy or Adaptation by Owner of Copy.— Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

[...]

> (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

Now I'm not a lawyer and this is not legal advice, but I struggle to read that as anything but Nintendo very confidently refusing to consider that a person could copy a game for any reason other than illegal piracy, while the actual law appears to allow for backups. Further up the same page they likewise are overwhelmingly confident that emulators only exist for illegal purposes, because nobody could ever want to play a legitimately-purchased game on anything except for original hardware.


> Switch piracy is very limited, but they pursue it aggressively because of the losses it causes them? Besides, that's already bunk; every time someone actually puts together a study it turns out that piracy is good for sales.

They don't lose much because some difficulty is maintained by them pursuing it aggressively.

Once piracy become as easy or easier as buying the games, yes it becomes a problem for them.

The same way Napster became a problem at some point for the music industry. Before Napster, getting music for free was about copy cds or cassette tapes from friends or library, a rather slow and limited process, or wait for the tunes to pass in the radio and hit the record button quickly to record it in a cassette at a lower quality than CD. And you didn't have the full deal (with cover and lyrics and stuffs that mattered at the time). When it became easier to just look for music in Napster's builtin search engine and start playing it even before the tune was downloaded completely it became a huge problem as it was a much seamless process than both the original illegal and the legal way which involved either to go to a store and hope the right disc was available or go to one of the very few music online music shop available at the time, enter your credit card details (something very few people were still comfortable with) and wait for the disc to be delivered. I think there were already a few digital marketplace available but you usually had to wait for the full download to be completed, the UI wasn't as easy and you couldn't just browse another user shared library to discover new stuff and get suggestions.




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