More Earthbound VC drama: It's not coming

[Nohbdy]

http://nintendo.joystiq.com/2009/02/16/starmen-earthbound-will-never-come-out-on-virtual-console/

[dothog]

It's better to link to the info site for EB VC at starmendotnet (the original source for joystiq's post):
http://starmen.net/ebvc/

Though their Mother infatuation is certainly justifiable, it's a shame the people behind starmen.net can't find some other unsung title to bring before the masses. They put together a quality site and good updates that are wasted given the various clusterfucks surrounding the Mother games. Starmen.net woudl have built any other smaller, "cult" title into a resounding commercial success many times over by now.

Anyhow, no EB on VC. If only there were some way to play these older/unreleased titles...ah well.

EDIT: Just looked in the VC thread and they've already discussed this in great detail. Funny that another poster in that thread independently used the same word "clusterfuck" to describe the Mother situation. Not that the word is particularly rare, just that the situation fits the def'n to a tee.

[foltzie]

Cluster starts on here: http://www.cheapassgamer.com/forums/showthread.php?t=209536&page=15

[cochesecochese]

Though their Mother infatuation is certainly justifiable, it's a shame the people behind starmen.net can't find some other unsung title to bring before the masses.
Starmen.net should translate Itoi's fishing RPG's. They should also promote the hell out of the DQ 1-3 SFC remakes as well as DQ 4-6 since the DQ games were a big part of the basis of Earthbound.

[Reality's Fringe]

You want proof there's no god? Here you go.

[georox]

You want proof there's no god? Here you go.

We already had proof, see lack of Mother 1-2, 3 on GBA in America.

[pete5883]

This is cruel and fucked up.

[pochaccoheaven]

i never played it on a console or emulator but was hoping that it would be released for the virtual console to download and play. but it would definitely not happen because of those legal issues, especially the one in reference to music. nintendo is doing so well that the music licenses would probably ask more then what the market value is.

[Kaijufan]

Well I was planning on buying it when it came out on the Virtual Console since I've never played it, but I guess I'll just acquire and play it via other means.

[-Never4ever-]

I'd be sad, but then I remember that I can easily obtain all 3 games. For free.

Nintendo being a dick about the mother series is their fault. I would;ve easily payed ~$60 for all 3 EB games, but Nintendo doesn't want my money. Oh well, guess I'll just use it to buy something else. Something most likely 360 related :)

[FallMoon]

You know what I don't understand? The people who care about Earthbound already have it on the SNES, and can play it anytime, so they don't need it on the VC. The people who have yet to play it probably don't care because they don't know how good it is. So, who's upset?

[foltzie]

You know what I don't understand? The people who care about Earthbound already have it on the SNES, and can play it anytime, so they don't need it on the VC. The people who have yet to play it probably don't care because they don't know how good it is. So, who's upset?

Earthbound on the VC has just been the latest focus of the Mother series fans (mostly the Starment.net folks). Getting Earthbound out on the VC was a chance to convince Nintendo that releasing Mother and Mother 3 stateside was a good idea.

[Strell]

You know what I don't understand? The people who care about Earthbound already have it on the SNES, and can play it anytime, so they don't need it on the VC. The people who have yet to play it probably don't care because they don't know how good it is. So, who's upset?

Foltzie had the right idea - it's more or less simply another battleground in the Earthbound war, where we're all losing against Nintendo's forces, which is little more than a gigantic middle finger statue.

It's mostly the blatant fuckyouism that NoA displays toward the game. No other company in the entire industry can match Nintendo on that level - it's absolutely unheard of to see it in action quite as brutally as they deftly enact (inflict?). It would be one thing if the userbase wasn't energized, and instead was three or four doods screaming about how Totally Inaccessible Japanese Game No One Played wasn't being released. But it's not - it's cult classic material, which may or may not be convincingly big enough to warrant release. There's a built in (and extremely dedicated) audience - we'd buy it and attempt all those around us to try it. Free advertising on top of at least some guaranteed sales, the likes of which probably would place it as one of the top selling VC titles to date.

But at this point, it's just the entire failure as a whole. No VC release? Really? It's free money for them they are missing out on. Removing the demo from Brawl? That probably took more time and money than just leaving it there. Refusing to bring over Mother 3 because you're relying on sales of a game 12 years before that had little to no marketing push? Is all of this really necessary?

When you've got fervent, diehard fans, and then you absolutely dismiss or bitchslap them every chance you get, you're just making the beast angrier. This is why there's so much uproar. If it was just one thing over a long period of time, most of us would give up or move on or whatever. But it's a damned kick in the shins every possible time Nintendo can get one in, when most of us are simply asking them to either stop or attempt to appease us.

Shit, you ask Reggie about it, and he practically tells you to stfu. C'mon. There's no need for that - you can at least give us a half of a bone by saying "We're looking into it." That at least ALWAYS keeps the hope alive, instead of pissing on the ashes.

We're arguing with a brick wall here, except the brick wall is shooting bees at us, the bees are electrified AND on fire, both are super effective, and that's not even taking into account the bees the bees are shooting at us. You don't treat fans like that. You either put up or shut up, and since we can't get the straight answers we'd like to get, it's just an unbelievable amount of stupid to deal with.

I mean let's face it. The ESRB rating for Earthbound came at this UNBELIEVABLY convenient time for it to be a "mistake" on two parties' parts. I think EB had just been named the most wanted VC title again, or the M3 translation was almost out, and the ESRB rates the game immediately afterward. But it's just a mistake? Goddamn. It would be like buying someone a coat in the dead of winter after they lost their only coat, handing them the coat, telling them they can have it.....and then snatching it away while punching them in the face. Also, there's a blizzard outside.

It's all just so....cold. I think EB fans actually have legitimate frostbite from this whole ordeal.

Just google "Earthbound ESRB." Look at how many articles show up. That's a lot of damn hits for a seemingly innocuous game. And they ALL carry the same messages of excitement and enthusiastic joy. Yes, many also have the "this doesn't mean it's coming out," but every. last. damn. site. wants the game out. There's not a single "whatever" reaction - it's one of the most unified fucking things in all of gamedom.

And Nintendo has to the gall to tell us all to eat shit?

[georox]

You know what I don't understand? The people who care about Earthbound already have it on the SNES, and can play it anytime, so they don't need it on the VC. The people who have yet to play it probably don't care because they don't know how good it is. So, who's upset?

I *had* it on the SNES when I was a kid, I don't have it now. I don't plan on paying through the nose for a used copy on eBay. Fuck that. I won't pay a premium for a game because it's rare, I'll find other means of playing it. If the people who made the game aren't getting my money, it's not my duty to buy it.

[foltzie]

...snip....

Put even shorter....

Atlus would kill to have one of their RPGs have a cult following like the Mother series commands.

[Reality's Fringe]

Wouldn't it be hilarious if this were Nintendo's plan all along? Get us all worked up, angry, hopeless and then BAM; fucking go ALL out for a revival? I'm talking a full campaign just like in the 90's where we get scratch and sniff ads, a giant box, and a reprint/updating of the awesome original strategy guide.

And maybe my dick will start communicating with me via phrases in iambic pentameter.

[Strell]

You there, with the mustache.

Shaddap.

[Kayden]

*hooks up his SNES*
*inserts Earth bound cart*
*plays for 2 hours*
*saves*
*comes back 2 days later*
*no saves on cart*
http://koti.mbnet.fi/mijo/rosk/fffuuu.gif


And THAT is why we need a rerelease.

[chimpian]

it sucks that we cant play earthbound on the wii, but there is always the pc......
i am currently playing mother 3 on my psp and thoroughly enjoying it....
im thinking of giving earthbound a try next.

[foltzie]

*hooks up his SNES*
*inserts Earth bound cart*
*plays for 2 hours*
*saves*
*comes back 2 days later*
*no saves on cart*
And THAT is why we need a rerelease.

You could replace the battery, but your point is well received.

[MorPhiend]

*Turns on Wii*
*Goes to Earthbound Channelt*
*plays for 2 hours*
*Hits Home to go back to the Wii menu*
*comes back 2 days later*
*Resumes where I left off*
Nintendon't want my money? Nintendon't get my money.

But I will play anyway...
>_>
<_<

[Kayden]

I would like to subscribe to your newsletter.

*Turns on Wii*
*Goes to Earthbound Channelt*
*plays for 2 hours*
*Hits Home to go back to the Wii menu*
*comes back 2 days later*
*Resumes where I left off*
Nintendon't want my money? Nintendon't get my money.

But I will play anyway...
>_>
<_<

[crunchewy]

Reading that site, though, it sounds like they place the blame, at least in part, on the shoulders of the game developer, being unwilling to make changes to the game that would allow it to be released in the US, given NoA's lawyer's issues with it. NOTE: just trying to understand the situation here, not defending NoA. My question would be, what were the changes NoA wanted?

[Strell]

Reading that site, though, it sounds like they place the blame, at least in part, on the shoulders of the game developer, being unwilling to make changes to the game that would allow it to be released in the US, given NoA's lawyer's issues with it. NOTE: just trying to understand the situation here, not defending NoA. My question would be, what were the changes NoA wanted?

Changing the music.

NoA is afraid the RIAA et al will come after them because the game samples various tracks.

Changing the music in Earthbound is sort of like removing lyrics from [your favorite song here].

The gamer view of this is that NoA is acting ridiculously, since they could file this all under parody, which ought to effectively shield the game from lawsuits.

The developer - Itoi - should receive no blame at all in this entire situation.

[wii skiier]

Seriously? Despite what appears to be a rabid online following for this game, it's sales figures on the VC would be dismal. After the initial fan rush, the likelihood of it selling to the bulk of the Wii-owning masses is very slim.

Yes, the same could be said for most of the rest of the "non-Super Mario Bros" VC releases, but the difference here is that if there is any amount of additional cash/legal headache required on Nintendo's part to make this available, it would create a much smaller profit margin than they are used to.

I like the game. It's fine - certainly not what it's been built up to be, but solid for what it is. I also didn't play it until well after the fact, so I don't have the nostalgia factor.

I'm not trying to defend Nintendo's approach to this, but I do understand at least part of it. There's the whole other issue of PR and fan service. There might not be all that many fans, but boy are they vocal. Might be worth a little cash/legal research to quiet them down for a few minutes.

[muzras]

I want earfthboundz:cry:

the need to make a DS versionz with all 3z gamez on 1 cartz:pray:

[Kayden]

I wonder if they can release it on any other consoles... :-s

Changing the music.

NoA is afraid the RIAA et al will come after them because the game samples various tracks.

Changing the music in Earthbound is sort of like removing lyrics from [your favorite song here].

The gamer view of this is that NoA is acting ridiculously, since they could file this all under parody, which ought to effectively shield the game from lawsuits.

The developer - Itoi - should receive no blame at all in this entire situation.

[MorPhiend]

Seriously? Despite what appears to be a rabid online following for this game, it's sales figures on the VC would be dismal. After the initial fan rush, the likelihood of it selling to the bulk of the Wii-owning masses is very slim.

Yes, the same could be said for most of the rest of the "non-Super Mario Bros" VC releases, but the difference here is that if there is any amount of additional cash/legal headache required on Nintendo's part to make this available, it would create a much smaller profit margin than they are used to.

I like the game. It's fine - certainly not what it's been built up to be, but solid for what it is. I also didn't play it until well after the fact, so I don't have the nostalgia factor.

I'm not trying to defend Nintendo's approach to this, but I do understand at least part of it. There's the whole other issue of PR and fan service. There might not be all that many fans, but boy are they vocal. Might be worth a little cash/legal research to quiet them down for a few minutes.

Absolute rubbish!

Like Strell said earlier: the game had next to no marketing when it was first released. Sure, they had wacky smelly/stinky stickers and a pack-in strategy guide. Sure, they wanted it to be huge. But they really didn't put anything behind it. I loved the FF and DQ and Zelda series, etc. But I was only 15 when EB came out and the little marketing I saw for it gave me the impression it was a quirky, even stupid, wannabe RPG for kids (FF: Mystic Quest?). They did a horrible job. And even so, the game had moderate success then and has built a cult following over the years. I have even had non-gaming friends and roommates who know about the phenomenon that EB has become online. And that's the other point. There wasn't teh interwebz in 1995 (not what we know it as today, anyhow). And it definitely wasn't in everyone's homes. It definitely wasn't a gamer's main source of info. Nintendo has banked the whole DS and Wii success/failure on word of mouth and little/no advertising. And it has worked. Remarkably well. Release EB and you're right. Every little EB fanboy will be running for their Wiimote and points cards, shouting Hallelujah. I will even buy it and gift it, even though I have found ways of having it without Nintendo's help. I'm sure there are more like me. And then most Wii owners who are frequenters of the internet will figure 800 points is little to risk in seeing what all of the commotion is about. EB Wii sales would be huge. Then maybe we would even end up getting 1 and 3 here. EB on VC would be far from a one day sell-a-thon.

[wii skiier]

Absolute rubbish!

Like Strell said earlier: the game had next to no marketing when it was first released. Sure, they had wacky smelly/stinky stickers and a pack-in strategy guide. Sure, they wanted it to be huge. But they really didn't put anything behind it. I loved the FF and DQ and Zelda series, etc. But I was only 15 when EB came out and the little marketing I saw for it gave me the impression it was a quirky, even stupid, wannabe RPG for kids (FF: Mystic Quest?). They did a horrible job. And even so, the game had moderate success then and has built a cult following over the years. I have even had non-gaming friends and roommates who know about the phenomenon that EB has become online. And that's the other point. There wasn't teh interwebz in 1995 (not what we know it as today, anyhow). And it definitely wasn't in everyone's homes. It definitely wasn't a gamer's main source of info. Nintendo has banked the whole DS and Wii success/failure on word of mouth and little/no advertising. And it has worked. Remarkably well. Release EB and you're right. Every little EB fanboy will be running for their Wiimote and points cards, shouting Hallelujah. I will even buy it and gift it, even though I have found ways of having it without Nintendo's help. I'm sure there are more like me. And then most Wii owners who are frequenters of the internet will figure 800 points is little to risk in seeing what all of the commotion is about. EB Wii sales would be huge. Then maybe we would even end up getting 1 and 3 here. EB on VC would be far from a one day sell-a-thon.
All this means is that you are now a 29-year-old male with a long-term history of gaming and you spend some amount of time on non-corporate Internet sites. I've got little to back me up but anecdotal evidence, but I still maintain that that puts you in the vast minority of Wii owners.

[MorPhiend]

All this means is that you are now a 29-year-old male with a long-term history of gaming and you spend some amount of time on non-corporate Internet sites. I've got little to back me up but anecdotal evidence, but I still maintain that that puts you in the vast minority of Wii owners.

That's a very narrow view. If any RPG on VC can do well, this game is one that has as much chance or better of matching or beating that success. By your formula, it would be impossible for any RPG to do well on the VC though because "only uninformed non-gamers" play Wii. While you didn't state that outright, saying that a gamer who also uses the internet is an extreme minority of Wii owners is stating exactly that.

But RPGs have done well and will continue to do well on the VC. There is no reason that Earthbound shouldn't be one of those. Especially given the history of Nintendo pissing directly in the face of U.S. Earthbound fans for a decade or more. And expecting them to like it.


(In case you didn't catch it, I'm not an Earthbound fanboy. I haven't even played it until this past month. And I have only had the time to play for an hour or two. So I'm not arguing from a biased view. I just think it's ridiculous that Nintendo has tantalized and teased fans for so many years with empty promises and hints, only to apparently now be shutting down any possible future appeasement efforts.)

[wii skiier]

That's a very narrow view. If any RPG on VC can do well, this game is one that has as much chance or better of matching or beating that success. By your formula, it would be impossible for any RPG to do well on the VC though because "only uninformed non-gamers" play Wii. While you didn't state that outright, saying that a gamer who also uses the internet is an extreme minority of Wii owners is stating exactly that.

But RPGs have done well and will continue to do well on the VC. There is no reason that Earthbound shouldn't be one of those. Especially given the history of Nintendo pissing directly in the face of U.S. Earthbound fans for a decade or more. And expecting them to like it.


(In case you didn't catch it, I'm not an Earthbound fanboy. I haven't even played it until this past month. And I have only had the time to play for an hour or two. So I'm not arguing from a biased view. I just think it's ridiculous that Nintendo has tantalized and teased fans for so many years with empty promises and hints, only to apparently now be shutting down any possible future appeasement efforts.)
You may be totally right. I just wasn't aware that RPGs did well on the VC. I haven't seen "sales" figures for the VC for a long time.

[MorPhiend]

You may be totally right. I just wasn't aware that RPGs did well on the VC. I haven't seen "sales" figures for the VC for a long time.

Nintendo doesn't share individual sales. So I judge by the general public reaction after a game comes out. If a lot of people on multiple forums say they are playing/DLing the game, I assume that is representative of gamers as a whole. Also, if a particular RPG shows up in the Most Popular downloads at all, I'd say that's pretty dang good, considering most of those games are Mario 1, 2, 3, 64, Mario Kart 64 and the like. But you are right, I guess there's no way to know for sure either way. I just get tired of Nintendo being so lazy (in some respects) when some things could probably be much simpler than they tend to make them. And in the end, the fans only get hurt.

Oh well, like I said, I have acquired EB and have enjoyed what I have played thus far. I just hope this rumor here is false. I would like to play official releases of all three titles.

[dothog]

The gamer view of this is that NoA is acting ridiculously, since they could file this all under parody, which ought to effectively shield the game from lawsuits.
The thing is, I don't think most sampling falls under parody. After reading starmen's write-up and listening to the excerpts, it's clear that the game contains actual samples of others' music--not just parodies of melodies, for instance. Granted, they're obscure samples, but it's sampling nonetheless.

The result of the big what-to-do with sampling in the 90s (famous pop tunes off the top of my head that used samples that involved settlements: "Ice Ice Baby" and "Bittersweet Symphony") was that publishers through a number of legal rulings said, "Sure, you crazy hiphop kids can sample our work, just cite us and get us paid for every sample you use." So people went from insane sampling (Beasties/Dust Bros. "Paul's Boutique" is a great example), where you'd have 10+ samples patched together for one tune, to a more conservative approach.

Hence, I don't think NoA is being unnecessarily cautious here. They're probably well aware of all the lawsuits from the late 80s, early 90s over hiphop/pop songs, and they don't want to step on toes and/or go to the lengths of getting clearances for each and every sample used as background fill in a VC title. If the game just parodied the vocal melody to "Yellow Submarine," one example from the game, that would be all fine and well as it's clearly defensible. However, in another instance, they're taking 3-5 second loops from Ric Ocasek and weaving it into the background. NoA's lawyers may be able to get a judge to see that particular use as not deriving from the "core" of Ocasek's tune and thus not in violation of any rights, but that's billable hours that NoJ probably doesn't see as a having a favorable cost-benefit ratio.

NoA may be a stick in the mud otherwise, but if there's even more obscure samples in the game, they may have avoided a number of lawsuits by taking their time.

[wii skiier]

The thing is, I don't think most sampling falls under parody. After reading starmen's write-up and listening to the excerpts, it's clear that the game contains actual samples of others' music--not just parodies of melodies, for instance. Granted, they're obscure samples, but it's sampling nonetheless.

I'd been ignoring all the "it's parody" talk until now, but you make some very good points. I can check with the lawyer wife, but from everything I've absorbed from her the music usage in Earthbound is definitely not "parody", or at least you'd have a very difficult time selling it as such to a judge/jury.

[MorPhiend]

Is sampling not allowed without permission?

[foltzie]

Is sampling not allowed without permission?

IANAL, but there have been so many cases that its not exactly clear what is and what isnt allowed several circuit courts have given conflicting rulings.

Sampling is allowed under fair-use exemptions, but you may have a heck of a legal battle defending against a lawsuit.

Ironically, the very attention that Earthbound fans have brought onto the game and its cornucopia of pop-culture references may by the same attention that NoA is concerned about.

[mykevermin]

I wasn't kidding when I said the next Nintendo Console's name should be the "Ike Turner."

Because it beats you back and forth, up and down, in and out - and y'all (we all, really) continue to feed the beast by lapping up everything else they put out to the tune of them being financially opposite of the company that brought us the N64 and Gamecube.

Earthbound ain't comin'. Gigas wins. I give up. I don't care about Earthbound anymore.

[62t]

so now i got another reason to hate RIAA

[MorPhiend]

I wasn't kidding when I said the next Nintendo Console's name should be the "Ike Turner."

ummm... I think they already thought of that. And the lawyers quashed that as well...


And I'm just going to pretend RF didn't say anything.:-#

[MarioColbert]

The gamer view of this is that NoA is acting ridiculously, since they could file this all under parody, which ought to effectively shield the game from lawsuits.


Nope, they can not. You sample The Beatles for anything, fair use or not, your ass is going to court for all the bullshit to be dealt with. They have fought things that would have been easier to "parody" claim (such as the Gray Album, which is an overrated thing that is best saved for another discussion). Sampling is the grayest of gray areas. Owner of a recording can sue your ass for using -anything-, no matter how short, what quality - you will get fucking sued.

EDIT: There is no fair use rights for sampling. No such legal term for use of recorded materials. (http://www.copyright.gov/title17/92chap1.html#114)

The actual issue is that all beatles recordings were under massive embargo from sampling and use anywhere. Things have changed since (hence, LOVE by Cirque du Soleil), but I've not investigated this further, since The Gray Album is a very nice recent case in point.

Sorry, but after reading the "list of violations" I'm siding with NoA. Releasing the game in the current state will lead to lawsuits, especially now that every fuck website has done the legal research for everyone.

In other words, you guys have fun with your "fuck YOU RIAA" bits, I'll just quietly continue taking whatever I'm "not supposed to own" via whatever means are most comfortable.

But let me ask you this: why wouldn't you pirate EarthBound right this minute? Have you an HD TV? Have you a VGA Out? Have you a fucking emulator? A USB controller? It's cool if not, and it's great that you actually support the games. But for once answer this: who is the fucking victim in this "crime"?

I'll tell you who: The fucking Beatles.


(Well, Ringo and Paul are the only two left, so it barely fucking counts, and all their shit is owned by Michael Jackson. Law is fucking fun!)


EDIT 2: This (http://earthboundcentral.com/2009/02/earthbound-legal-issues/) is a good source about what's in the game, although it lists tons of references that are completely legal as being problematic. The only issues in the game are uses of recorded material, all references to works are completely legal. I certify the link to be RickRoll free.

[Cao Cao]

Harrumph, just in case anyone doesn't read the WS thread, or if it gets lost in the shuffle, here's the link to Tomato's impromptu research and opinions:
http://earthboundcentral.com/2009/02/earthbound-legal-issues/

[Strell]

I'm siding with NoA.

There had better be an unwritten qualifier that you wouldn't side with their insistence on changing the music, or I'm taking back those birthday wishes I sent a few weeks ago. Shit is going to be retroactively byah'd from existence and historical happening.

Oh yeah - fuck the RIAA.

[pete5883]

I dunno, I can kind of see where they're coming from. Doesn't soften the blow much, but at it is kind of unavoidable. Lawyers will be lawyers.

[soonersfan60]

Well, I guess my question is, if the SNES can only do MIDI, did they just "copy the notes" or melodies rather than rip the music and use real samples? I would have to think that makes some difference (and certainly make the licensing issues cheaper--more like a "cover" of the song).

[crunchewy]

(such as the Gray Album, which is an overrated thing that is best saved for another discussion)

Perhaps better elsewhere, but you brought it up here, so I'll give it a little defense. I think it's a pretty nifty album. Certainly something you should have in your collection.

I'm hoping for the fan translations of Mother 1 & 2, though I'll have to take Earthbound for now, I suppose.

[dyeknom]

I'm still hopeful of a DS port as an Earthbound Compilation... or seperately, like the old FFs, CT and DQs.... thats pretty much the only reason I can see for VC resistance. Sampling, original sales numbers, got reggie's daughter knocked up... just about everything has been thrown out there as a "reason" at one time or another.

I wish they would just give us a true reason, that way everybody has something to blame... and we can sue them for douchebaggery.

[MarioColbert]

Perhaps better elsewhere, but you brought it up here, so I'll give it a little defense. I think it's a pretty nifty album. Certainly something you should have in your collection.

It's more complex than "good" vs. "bad" because if I were to go all out, I'd say that Gray Album was good, but also overhyped. It's hardly the first or the last of the Beatles mashups out there, yet that's the one getting the most credit ... thanks to the big "legal" deal made about it.

I'm hoping for the fan translations of Mother 1 & 2, though I'll have to take Earthbound for now, I suppose.

Those are being worked on, last I checked (announced the same day that Mother3 was released).

[Tsukento]

Didn't some group try suing the developers of Guitar Hero because the cover for one of their songs sounded *better* than them?

I believe when cases like that show up, and with all of the other retarded lawsuits people keep throwing at Nintendo, they have every reason to hesitate releasing anything that would result in a lawsuit.

[tsmvengy]

I'm not sure if the Guitar Hero lawsuit was bullshit. The band sued them because their "cover" was basically trying to exactly duplicate the sound of the band and the vocalist so that they would only have to pay "cover" licensing fees and not "licensing the actual song" fees.

Nintendo is right, there's no way they could release Earthbound in its present form, too much of the game draws from various other sources. Those licensing fees exist for a reason, and for Nintendo its probably not worth it (profit-wise) to go through all of that work to release it.

[ddp72984]

just wondering, ok, they can be sued for the music, but then again, how did this work for the re-release of Mother 1+2? Aren't such rights retained worldwide?

Then again, I see Nintendo preventing the changes as pure lazyiness on their part. After all, it was a-ok to change Startropics:

http://en.wikipedia.org/wiki/Startropics

for both the yo-yo and the letter problems

Why can't the same be done for EB?

[62t]

just wondering, ok, they can be sued for the music, but then again, how did this work for the re-release of Mother 1+2? Aren't such rights retained worldwide?

Then again, I see Nintendo preventing the changes as pure lazyiness on their part. After all, it was a-ok to change Startropics:

http://en.wikipedia.org/wiki/Startropics

for both the yo-yo and the letter problems

Why can't the same be done for EB?

Both of your questions are answered here

http://earthboundcentral.com/2009/02/earthbound-legal-issues/

[KingBroly]

I could see Earthbound coming out in a couple of years on VC, because of when music law is getting redone when it comes to digitized material.

Truth be told, I expect Mother 3 to hit DS before Earthbound hits the Virtual Console in North America.

[pete5883]

Worst case though, all those Beatles songs go public domain in 70 years or so, right?

[foltzie]

Worst case though, all those Beatles songs go public domain in 70 years or so, right?

Maybe. Wait for the next copyright extension act once Steamboat Willie is about to go public domain again...