This post is a republishing of a series of posts I wrote on the TV Tropes forum thread on the Jimquistion, in response to Jim Sterling’s video “EU Votes In Favor Of Article 13, Giving Copyright Holders Undue Power Over Internet Platforms”. It is slightly edited for the change in format from forum to blog post.
The vast majority of people complaining about Article 13 (now 17) have never read the damn thing. So strap yourselves in, because here’s the full final text of the article.
Honestly this puts actual regulatory scrutiny to what YT is already doing. Paragraph 7 regulates that measures are to take copyright exemptions/limitations that here in America we term “fair use” into account (which bots can’t do, but humans involved in the process can make judgments on). Paragraph 9 opens with “Member States shall provide that online content-sharing service providers put in place an effective and expeditious complaint and redress mechanism,” and as mentioned in [above post] requires human review for takedowns.
Guess one major reason why YouTube, who already have the Content ID system in place, are opposed to Art13/17? The company doesn’t want the requirements for human review and an effective appeals process. So they mobilize the creators on their platform to fight a propaganda battle for them.
: Another reason is that the regulatory requirements make Content ID less of a bargaining chip when negotiating with rightsholders because the 4(b) requirements and 5(b) considerations (“the availability of suitable and effective means and their cost for service providers.”) in combination with how much money Google has available to throw at copyright monitoring moves it from “above and beyond the industry standards” from rightsholders perspectives to “doing your legal duty as a giant content-sharing firm”.
: And before YT mobilized it’s creators as propagandists… anti Art13 propaganda was being banged out by alt-righters with an anti-EU agenda. This is the origin of that goddamned absolutely misleading moniker of it as a “meme ban”.
ETA: I’m not even totally in favor of Article 17 as it passed, speaking as a leftist who thinks that a lot of intellectual property law needs a hatchet taken to it and new much more limited IP systems put in place that favor the general public instead of corporate interests. I’m just sick of the fearmongering and tech capitalist propaganda around it.
In reference to footnote 2 of post 2, another poster asked “Although it is before the Alt-right became prominent, was the backlash towards the Stop Online Piracy Act and the related Protect IP Act started by them as well?”, prompting…
Jay and Sara continue their discussion of trans medicine by focusing on current barriers to care caused by our medical model of trans identity. Also discussed: transmedicalism, solidarity work, and what non-binary transition can look like.
Second QSE episode in a series on transness and the medical model, first ~30 minutes is a breakdown of transmedicalism/truscum and how it upholds oppressive systems as Good Actually™
I should be asleep but I’m not tired. I’m just going to pull an all nighter. That won’t be a bad idea at all /s
This week my family is gone for vacation at Disney World. I’m home with my stepdad’s father, taking care of the dogs. It also happens that work decided to schedule me Sunday to Thursday this week, which since I worked Saturday last week has me working six days straight. I’ll be glad for Friday when I finally get to take a day for myself while the family’s gone. Though with the dog crapping and pissing in the floor (she’s old and probably not long for this world :c ) I’m gonna have to make sure and run the steam mop over the hallway tiles before they get back. It’s fun coming home to the smell of dog shit after a long day at work!
And besides the six day scheduling work is a clusterfuck right now. Department head is on vacation this week and toda- yesterday I walked into a gigantic mess in the back room. This two day truck better be all broke down before I come in this afternoon or I will be fucking angry. Tuesday night is ad change night, I don’t have time to deal with picking up morning’s slack when I only have my mid shift guy til 6, my other closer til 10, then me out at 11. Watch the next two days’ truck come in during my shift too. With my luck it’s going to happen.
On the plus side, holy shit I am inundated with D&D content and I love it. Watching Critical Role’s Search for Grog special finally and I’d forgotten how much I miss Vox Machina. If I didn’t have so much else to watch/listen to I’d give the VM campaign a rewatch. I still have a lot of their one shots and specials to get through though. MCDM’s The Chain campaign is finally getting out of the prologue so the body count should die down, and so far it’s been real interesting. I just got through the Broadswords’ modern day AU live specials which were fucking hilarious. And Dice Funk continues to make me die of both laughter and tension waiting to see where the plot goes. When I work through more of my podcast backlogs (on 99pi I’m down to ~100 episodes! And I have about a third of the Loving BDSM backlog left!! and then there’s a couple podcasts with shorter runs so far… and keeping up with current episodes of things) I’m going to finally listen to season 3 of Dice Funk and be caught up on that series.
Also I’m most of the way through The Restaurant at the End of the Universe. I have The Ultimate Hitchhiker’s Guide single volume ebook, currently listed in my sidebar Goodreads widget. I need to stay more on top of updating my progress on Goodreads. Also I need to take more time to read instead of just grabbing my Kobo to read a bit here and there.
Anyway I think I’m going to go make myself a cup of coffee and get back to watching The Search For Grog now. Hope this was at least semi-coherent.
The most significant writing that I have done in months is some porn I wrote on a whim. It’s probably not good, but I’m sharing it anyway.
I thought about installing an NSFW warning extension to WordPress but don’t like using modals and even if it was a clickthrough warning it wouldn’t be reflected in feed syndication so instead I am simply linking to the txt file on my Nextcloud.
Beyond the obvious warning for pornographic content, other CWs are for broken condoms, pain, dominance, and to phrase it as I see on Mastodon “lewd @ reader” (i.e. use of second person)
In the wake of Nintendo’s lawsuit against LoveROMs and LoveRetro and the subsequent closing of ROM downloads from EmuParadise, I saw an article from Eurogamer from early 2017 crop back up. A part of the site’s “Here’s a Thing” video series by Chris Bratt, the article’s headline poses the question “Did Nintendo download a Mario ROM and sell it back to us?” The conclusion drawn, quoting Bratt from the video, is that “every sign here points toward Super Mario Bros on the Wii Virtual Console being a ROM that they sourced online.” I’m writing this post to explain why that conclusion is wrong.
The .nes/iNes format
If you use homebrew software to dump the original Wii VC release of Super Mario Bros to an SD card and look at it in a hex editor, you can find an iNES format header in the file 00000001.app. iNES was one of the first NES emulators to be released, developed since the 90s by Marat Fayzullin. For his emulator, Fayzullin created the .nes file format that is now the de facto standard for NES ROMs, hence it being called the iNES format. An attempted successor format called the Universal NES Image Format or UNIF was created with the motivation “to offer more description of the mapper board than the popular iNES 1.0 format” but failed to gain traction and was supplanted by the NES 2.0 extension to the iNES format. With the exception of a very few game dumps that according to a Nesdev forum post from 2015 only exist in UNIF format, you are damn near guaranteed that any NES ROMs you find will be in the format Fayzullin created.
So we have Nintendo’s VC release of SMB1 verified to use a format created for unauthorized emulation. This in and of itself is worthy of discussion, given Nintendo’s ardent stance against emulators as demonstrated on their corporate legal information FAQ page
How Does Nintendo Feel About the Emergence of Video Game Emulators?
The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.
What Does Nintendo Think of the Argument that Emulators are Actually Good for Nintendo Because it Promotes the Nintendo Brand to PC Users and Leads to More Sales?
Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo’s goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.
How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators?
Emulators developed to play illegally copied Nintendo software promote piracy. That’s like asking why doesn’t Nintendo legitimize piracy. It doesn’t make any business sense. It’s that simple and not open to debate.
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.
Bratt brings this up in the video, talking about how misleading it is to conflate emulators themselves (which are completely legal and have even acted as platforms for new games long after the death of the emulated platforms) and piracy of copyrighted games. There’s even a jab taken at how Nintendo’s stance against legitimizing emulation not making business sense must not apply to the Virtual Console line itself, given that it is itself a form of emulation. While it makes sense that Ninty would use a tried-and-true format internally, by basing their work on that of a community they so vehemently denounce as being such a threat to the industry the corporate dickheads are having their cake and fucking it too.
where the argument falls apart
The video then continues with the line “every sign here points toward Super Mario Bros on the Wii Virtual Console being a ROM that they sourced online.” Bratt even has Fayzullin weigh in.
“There are minute differences between ROM dumps,” explained Fayzullin. “Depending on the cartridge version and how it has been dumped. If you see that your .NES file DOES NOT match any of the ones found online, it is likely to be their own ROM dump. I have cut the ROM content out of the Wii file you sent me and it indeed matches the .NES file found online.”
This is a peculiar thing for someone who’s been an expert in NES emulation for decades now to say, because a non-expert like me can point out the obvious flaw, a basic principle of ROM dumping…
All good dumps of the same cartridge/release version will be identical
Demonstration: Good ROMs of the same game version are identical
Watch this video on YouTube. (To prevent third-party tracking, this YouTube embed is replaced with a thumbnail until clicked.)
So any ROMs that don’t match known good dumps are different versions, modified, or badly dumped. The most common sort of bad dump you’ll find will probably be overdumps, since while they have more data than should be present, that extra data is usually meaningless filler that will be ignored and is thus still perfectly playable. But it won’t work for something like RetroAchievements since it won’t have a recognized hash. For an example of a database of good ROM dumps that hashes can be verified against, there’s No-Intro’s DAT-o-Matic.
Since the Virtual Console release of SMB1 matches a known good dump, it’s impossible to prove whether or not it was sourced from a pirated copy or dumped internally. If it matched a known bad dump, it could be identified as coming from a particular pirated ROM source. As it is, the most likely answer is that they made a dump in-house using a pre-existing format so they didn’t have to reinvent the wheel.
New Research From ResetEra
This post has been sitting in my drafts since 31 Aug, and since then new information came to light from a ResetEra thread. Back in August, Reddit user PPLToast posted about how a developer named Tomohiro Kawase was credited for the “NES Emulator Program” in Animal Crossing, who after work on emulators like iNES (“Sound support completely rewritten, thanks to Kawase Tomohiro”) got hired by Nintendo, and his work is most likely why Nintendo has used the iNES format. ROMs extracted from Animal Crossing are also in iNES format. Except one.
ResetEra user Krvavi Abada did more research on Kawase and revived the ResetEra thread on the subject of his work in October. He found that everything Kawase was credited with at Nintendo had to do with emulation, starting with Pokémon Stadium’s GB Tower. At the time of Kawase being hired there was not yet a standardized header in the emulation community for Famicom Disk System games, standardization didn’t happen “until around November 1998 with the release of the fwnes emulator. About 3 months after the release of Pokemon Stadium, Tomohiro Kawase’s first project at Nintendo.”
That one game in Animal Crossing that doesn’t have a header is the FDS game Clu Clu Land D (originally known as “Clu Clu Land: Welcome to New Clu Clu Land” and retitled outside Japan when included in Animal Crossing). CCLD was never given a retail release, only being available from the Famicom Disk Writer kiosk to write onto a blank FDS disk. The FDS includes data blocks both for manufacturing date and date the disk was last written to. This means dumps of kiosk games will be unique to the particular disk it was dumped from. Abada looked at the write date for the CCLD dump in Animal Crossing and found that it’s from a disk manufactured and written on 22 November 1988, which matches with the 1988 copyright of the game. But despite this copyright date, “Welcome to New Clu Clu Land wasn’t actually released until 1992 […] In fact it was the last FDS game released.” This dump, then, must have been from Nintendo’s own archives. With this knowledge, it is almost certain that the other first and second party emulated games Nintendo has released have been sourced internally and not grabbed from the internet.
On an interesting closing note, in Marat Fayzullin’s documentation of the NES architecture, one of the people credited with helping obtain the information is a “Kawasedo”, a nickname Kawase used. The Game Boy Advance’s BIOS has a developer credit embedded in it: “// Coded by Kawasedo”
My mental health is still in the gutter and what creative energy I have is mostly directed to physical projects. I have something in the works to post to YouTube but I have to finish recording it and then edit so that will still be a while. There’s a post that’s been sat in my drafts since the very end of August but it was supposed to have a video portion and I still have yet to record that and I’m thinking about scrapping the entire post. Hopefully I can get some substantial writing done at some point soon, but I’m not going to try to force it when I’m not in a great place
Since I started this blog in February I’ve stuck to a goal of at least one substantial post a month (last month’s angry poem totally counts damn it!) For this month there won’t be a post, and possibly next month. My mental health has been particularly volatile this summer to the point I had to back out of the D&D game I posted about. I need to get my shit together before worrying about an arbitrary self-made obligation for writing.
queers, horrible deviants
preying on innocent children
they should be shunned
they should be outed
they should be threatened
why can’t they just be normal
why can’t they just be like us good gays