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iPhone: Developer Mobile 1UP is shady.

05-16-2009, 05:47 PM
#1
Joined: Apr 2009
Location: CA
Posts: 336
Developer Mobile 1UP is shady.

Mobile 1UP is the dev that ported the original Game & Watch games to the App store, they were great ports, i thought they were legally ported so i bought a few.
Then Nintendo had the games removed because of obvious reasons, now Mobile 1UP re-released the games with added graphics thinking that they can get away again.
They need to come up with some new game ideas and stop stealing.
Agree or disagree?

1st & 2nd gen iPod Touch 3.0
XBL, Plus+ and OpenFeint: TheKrazyRussian
Fav Dev/Game: Self Aware Games / Sentinel 2.
Beta tested for Ngmoco, EA and Insomniac Games.
05-16-2009, 05:56 PM
#2
Joined: Dec 2008
Posts: 686
Why worry?

05-16-2009, 05:58 PM
#3
Joined: Apr 2009
Location: CA
Posts: 336
Quote:
Originally Posted by markx2 View Post
Why worry?
I am not worried, just hate when people go behind others people backs and steal their ideas.

1st & 2nd gen iPod Touch 3.0
XBL, Plus+ and OpenFeint: TheKrazyRussian
Fav Dev/Game: Self Aware Games / Sentinel 2.
Beta tested for Ngmoco, EA and Insomniac Games.
05-16-2009, 06:08 PM
#4
Joined: Dec 2008
Posts: 686
If Nintendo had a claim then it will have been very specific and the dev worked around them. That is within the law. Just like the TD games, the Blocked games and others floating around the store.

It's how it is.
05-16-2009, 06:40 PM
#5
Joined: Jul 2008
Location: Orlando, FL
Posts: 4,491
Last I checked the games themselves are Abandonware

For those that don't know abandonware is when a dev goes bankrupt or something like that and no longer has the rights to a game. So anyone can make a game using that material.

Flashback (http://itunes.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=313128612&mt=8) is a great example of abandonware being brought back.

Nintendo had issue with the references to Game and Watch. The Game and Watch systems were made buy nintendo and they still hold the rights as they produce games using that title as well. That's probably why the graphics were changed around.

Of course I can't know for sure, but this seems more probable
05-16-2009, 07:16 PM
#6
Joined: Apr 2009
Location: Sacramento, CA
Posts: 3,273
All I know is I'm glad I picked up all those G&W games when I did. I didn't really like paying $2 for EACH one, and it'd be nice if they were all in one app. But now that you can't get em anymore, I'm glad. I loved the G&W series when I was really young (Mario Cement Factory FTW) and they are perfectly suited to the touch devices. But the new graphic style they came out with for these new ones just doesn't appeal to me at all.

As for the dev being shady, I don't really think so. As long as there's nothing illegal about the games that are on the store now, I wouldn't consider them shady. Unoriginal maybe.
05-16-2009, 07:29 PM
#7
Joined: Apr 2009
Location: CA
Posts: 336
Quote:
Originally Posted by BOARDUMB View Post
Unoriginal maybe.
That too.

1st & 2nd gen iPod Touch 3.0
XBL, Plus+ and OpenFeint: TheKrazyRussian
Fav Dev/Game: Self Aware Games / Sentinel 2.
Beta tested for Ngmoco, EA and Insomniac Games.
05-16-2009, 07:32 PM
#8
Joined: Mar 2009
Posts: 456
Lol... i understand your reasoning, but consider that

a) if they've changed the name, changed the graphics, and the control scheme, and all that's similar is the concept.... not really a copyright issue IMO
b) have you SEEN how many match-3 games there are? bejeweled would run out of lawyers to sue them all
c) nintendo makes too much money as it is xD

these games are not that great anyways
05-17-2009, 02:38 AM
#9
Joined: Oct 2008
Location: The Netherlands
Posts: 1,351
The blog covers some of this, as a result of a cease and desist letter from Nintendo they've changed the graphics after consulting an intellectual property lawyer:

http://www.mobile1up.com/blog/

Stefan
05-17-2009, 04:50 AM
#10
Joined: Dec 2008
Posts: 686
Quote:
Originally Posted by VegantTnT View Post
Last I checked the games themselves are Abandonware

For those that don't know abandonware is when a dev goes bankrupt or something like that and no longer has the rights to a game. So anyone can make a game using that material.
Wrong.
Why is "abandonware" illegal?
Many people are under the erroneous impression that it is legal to distribute software once the copyright holder no longer sells or supports it. Large organizations like Microsoft, Nintendo and the ESA aggressively enforce the protection of software that, in some cases, hasn't been sold or supported for 20 years. The Copyright Society of the U.S.A. explains how long copyrights last in a very understandable way.

"Copyrights in works created since 1978 will last for 70 years after the death of the work's author. If the work is what the copyright law calls a "work made for hire," created by employees within the scope of their employment, the work will last for 95 years from the work's first publication or 120 years from its creation, whichever is shorter. The provisions on copyrights in works created and published before 1978 are complicated, but, as a general rule, the copyright in those works will last 95 years. Anything first published in 1923 or earlier, though, is in the public domain."

Because software is usually created by a team of people, it is impossible to determine when 70 years from the death of the author have passed. Like motion pictures, software qualifies as work made for hire. This means that the copyright on software lasts 95 years from the date of first publication. Software written in 1984, the earliest publication date for any game on this site, will become public domain in 2079. There is presently no software for the PC platform for which the copyright has expired.
http://www.classicdosgames.com/about.html#Abandonware

Last edited by markx2; 05-17-2009 at 04:51 AM. Reason: Source added.