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EarthBound Virtual Console release encumbered by legal problems photo

Whenever someone mentions EarthBound to me, I flash back to that time I sat on my bedroom floor drawing pictures of Ness on envelopes. My goal was to send the marked envelopes to Nintendo Power and put a note in each one demanding work on EarthBound 64 to resume. I don’t know if I ever sent the letters, but I do remember feeling deflated -- as if my entire videogame world crumbled because of Nintendo’s deaf ears and tight belts.

And the bad news never seems to stop. According to a Starmen.net source, EarthBound won’t be released on the Wii’s Virtual Console anytime soon. The port has been mired in a legal hell as a result of the original game’s numerous references to popular culture. Nintendo of America’s lawyers are uncomfortable with the material and want it changed. Nintendo’s Japanese wing -- for whatever reason -- have refused the exclusion of the content.
 
The crew at Starmen also revealed that the ESRB rating months ago was nothing more than an “internal” blunder. The EB port was problematic from conception. Perhaps as problematic as our desire for a new release.








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46 comments | showing # 1 to 46
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EarthbounderNess's Avatar - Comment posted on 02/16/2009 18:36
EarthbounderNess
Oh well...Guess I'll just bust out the SNES and SDTV again.
eternalplayer2345's Avatar - Comment posted on 02/16/2009 18:45
eternalplayer2345
I'm so glad that this past summer my cart finally started saving and I got to play through earthbound. This is still crushing news when I think of all the people that won't get to play.
Krow-Kupo's Avatar - Comment posted on 02/16/2009 18:45
Krow-Kupo
I guess it's time for me to buy a DS Lite and R4 so that I can experience this game without spending over a hundred dollars buying a SNES, Earthbound, and a SNES controller.
eternalplayer2345's Avatar - Comment posted on 02/16/2009 18:50
eternalplayer2345
@Krow

It's more like #70(snes=$20 and EB=$50)
garison's Avatar - Comment posted on 02/16/2009 19:03
garison
This is depressing. I really want to legally play the game. Maybe I will save up a bunch of money and buy an original copy? But damn, I got PAX to save up for!
CypherVR's Avatar - Comment posted on 02/16/2009 19:06
CypherVR
once again...
Fuck you, Nintendo. Fuck you.
--

You are printing money and yet can be bothered to release a meesely VC title, and shouldn't it be released anyway granted that it was released on the SNES back in the day? And soundtrack issues?! WTF? (it's sounds like it was made from a orchestra,((personal note-i loved the music then as i do now)) or even an singer/artist)it's just synthesiser/midi music. And releasing japan VC titles in NA VC is fine?

..eat my shit, nintendo.

more fanboy rage >_>
Vongore's Avatar - Comment posted on 02/16/2009 19:08
Vongore
Well, at least this means Nintendo intended to release the game
MisterGrieves's Avatar - Comment posted on 02/16/2009 19:08
MisterGrieves
What the fuck, NOA? What the FUCK?

FUCK lawyers.

NOA's handling of the Mother series (or lack thereof) has been infinitely aggravating.
DF's Avatar - Comment posted on 02/16/2009 19:23
DF
I read somewhere that Mother 3 was made just so it wouldn't be released in America (or in English, take your pick). Somehow, that pertains to the entire series anymore.

Sigh. Whatever. They lost a sale from me.
Monodi's Avatar - Comment posted on 02/16/2009 19:25
Monodi
Can't they just make new tunes?!
Lookandsee's Avatar - Comment posted on 02/16/2009 19:28
Lookandsee
To Monodi :

OF COURSE NOT ! Are you mad or what ?!?
Monodi's Avatar - Comment posted on 02/16/2009 19:29
Monodi
Well on an aditional note: Next time you make a hella-balls-to-the-wall-awesome game/franchise, be sure it doesn't face any legal risks and clean every propaganda lumps, Nintendo.
Are we cool?
MisterGrieves's Avatar - Comment posted on 02/16/2009 19:32
MisterGrieves
I've played Earthbound and Mother 3 multiple times through (and I'm nearing completion of Mother 1), so maybe it's a bit selfish for me to say this, but... changing such a vital part of the game's content like the incredible music or the numerous hilarious pop culture references would be doing an awful thing to a work of art. If NOA can't give us Earthbound the way it is remembered, maybe it's better not releasing it on VC at all.

I really think that "censoring" Earthbound would be a disservice to new players, not a negligible sacrifice.
atastysammich's Avatar - Comment posted on 02/16/2009 19:36
atastysammich
I've got nothin'. My bag of Rage @ Nintendo is completely tapped. Someone else will have to summon John B in my stead.
Jonathan Holmes's Avatar - Comment posted on 02/16/2009 19:39
Jonathan Holmes
How come Nintendo's lawyers weren't "uncomfortable" with the content when the game first game out fifteen or so years ago?

I smell a rat. A big, meaty rat.
Monodi's Avatar - Comment posted on 02/16/2009 19:54
Monodi
@Lookandsee

I was blinded with rage, of course they can't.
Chilly's Avatar - Comment posted on 02/16/2009 20:08
Chilly
Screw america, are the EU getting it!! XP
DF's Avatar - Comment posted on 02/16/2009 20:09
DF
@MisterGrieves: It's not selfish of you at all. I mean, is it not the right of all gamers to experience the game the way it was meant to be experienced? Sure, VC isn't the same as popping the game in your SNES and all, but taking out stuff is downright terrible, no matter what it is.
Monodi's Avatar - Comment posted on 02/16/2009 20:10
Monodi
@Chilly I am sorry but I really, really, really, really doubt it.
DF's Avatar - Comment posted on 02/16/2009 20:10
DF
@MisterGrieves: It's not selfish of you at all. I mean, is it not the right of all gamers to experience the game the way it was meant to be experienced? Sure, VC isn't the same as popping the game in your SNES and all, but taking out stuff is downright terrible, no matter what it is.

@Chilly: I'd bet not either. Just because. I'd be extremely pissed if you guys did and we didn't. =P
Dr Milkdad's Avatar - Comment posted on 02/16/2009 20:19
Dr Milkdad
Such bullshit, guess I'm going to buy the SNES cart, which is really expensive, which will probably be followed by Nintendo releasing it on VC anyways, totally screwing me over.
's Avatar - Comment posted on 02/16/2009 20:37
Clint
What about the Fair Use law :/
killatia's Avatar - Comment posted on 02/16/2009 20:56
killatia
@ Scary Womanizing Pig Mask,
i was thinking the same thing.i mean if family guy and robot chicken can get away with all the pop culture reference with fair use why not a classic Snes game?
Tony Ponce's Avatar - Comment posted on 02/16/2009 21:00
Tony Ponce
@Doomsday Forte

"Sigh. Whatever. They lost a sale from me."

I'm sorry, but I just had to point out something here. The game isn't coming out here, so what sale is being lost?
F Whipple's Avatar - Comment posted on 02/16/2009 21:04
F Whipple
I'm facepalming...hard
16bitmonster's Avatar - Comment posted on 02/16/2009 21:26
16bitmonster
people actually use the wii virtual console?
killatia's Avatar - Comment posted on 02/16/2009 21:29
killatia
@ 16bitmonster,
Ofcourse they do, its a decent service actually.
Wexx's Avatar - Comment posted on 02/16/2009 21:51
Wexx
SAD FOREVER.
Rider Chop's Avatar - Comment posted on 02/16/2009 22:09
Rider Chop
Homebrew Channel ftw. seriously.
Holyetheline's Avatar - Comment posted on 02/16/2009 22:14
Holyetheline
why is this game so impossible? why the fuck is it that impossible for nintendo to get a game that we want out?
CaptainApocalypse's Avatar - Comment posted on 02/16/2009 22:40
CaptainApocalypse
@CypherVR

Well said. Oh, well. Guess people will have to go back to not-emulating it, thus denying Nintendo huge sums of money...
AlucardX24's Avatar - Comment posted on 02/16/2009 22:58
AlucardX24
I think this is an excuse by Nintendo to not release it. >:
flamesofchaos's Avatar - Comment posted on 02/16/2009 23:17
flamesofchaos
@jonathan - the reason why is because when this game first came out in the 90's copyright law wasn't as strict, it started getting strict in the year 2000. And I'm sure Nintendo wouldn't be happy if they were hit by another mundane lawsuit. And one of the biggest references in the game is The Beatles and they are very strict and overprotective with their music.
Barcode's Avatar - Comment posted on 02/16/2009 23:48
Barcode
You can't change up Earthbound's pop culture references, it's a side of EB that can't be changed, hell none of it can be changed. I can understand NOJ stand on it. But forget legality, come on, really. NOA has the money, they can take on the lawsuits, right?

God I miss Earthbound.
Monodi's Avatar - Comment posted on 02/16/2009 23:49
Monodi
@Scary Womanizing Woman

Holy shit, how didn't I noticed that? Now its official this is all a scam. Well, a BIGGER scam.
RyoGeo's Avatar - Comment posted on 02/16/2009 23:52
RyoGeo
Ah, yes. ONCE AGAIN, FUCKTARD LAWYERS MAKE EVERY EFFORT TO REINFORCE THE IDEA THAT SIMPLY STEALING CONTENT IS A MUCH, MUCH BETTER ANd EASIER WAY TO ENJOY ELECTRONIC MEDIA, FREE OF BULLSHIT DRM, MARKETING MEDLING AND . . . WHAT'S THE OTHER THING? OH YEAH!!! AVAILABLE!!!

WELL DONE!

dicks
ChronosWing's Avatar - Comment posted on 02/16/2009 23:59
ChronosWing
Like I said in a blog post, I figured this shit wasn't coming ever so I already have earthbound on my wii thanks to the homebrew channel.
RyoGeo's Avatar - Comment posted on 02/17/2009 00:03
RyoGeo
Oh, hey. Lookie what I found!

(Use your imagination)

That took about a whole 8 seconds of searching!

Oh, goodness. Looks like I have to wait an additional 12 seconds. Must be a bandwidth protection measure. No problem! A moment while I hum The Girl from Ipanema.

Ah, there we go!

Hey, Nintendo of America, did you feel that disturbance in your cash flow!?! That non-issue that is keeping you from releasing a VC title? Yeah, NEVER MIND!

In less than a minute, your whole marketing strategy and concerns over legal exposure due to some BS copyright crap have become moot.

If only the mainstream were as well versed in the ways of the web, you jackasses might wise up and serve your customer base as opposed to punishing them via needlessly hyper sensitive legal concerns.
flabzilla's Avatar - Comment posted on 02/17/2009 00:52
flabzilla
Homebrew Channel ftw. seriously.
Conan-san's Avatar - Comment posted on 02/17/2009 01:24
Conan-san
And this is why my house is a Xbox/Wii/ps2 house...
Rabite's Avatar - Comment posted on 02/17/2009 04:27
Rabite
I don't think fair use applies when you're actively selling the product. That should be enough to prevent the rest of this comment from showing on the front page: FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK you Nintendo. I already have my cart but this game needs the exposure to people who have been deprived of this classic title. I'd rank it in the top 10 SNES RPGs. So tired of Nintendo's bullshit this generation. I HAVE FURY!!!!
Ikey Heyman's Avatar - Comment posted on 02/17/2009 16:56
Ikey Heyman
Nintendo is the most horrible tease I've ever known.

I'm pretty sure they're just trolling EB fans because they enjoy our suffering. there's no other logical reason for it.

LOL POP CULTURE BANNED FROM VIDEO GAMES

seriously.
opeth2112's Avatar - Comment posted on 02/18/2009 18:17
opeth2112
Regarding the Beatles being overprotective...2 down...2 to go lol. Unless some other loser buys the rights. Having a never ending curiosity of why anyone goes apeshit over the Beatles, I have to say Mother was the best thing they were ever tied in with.
Nameless Monster's Avatar - Comment posted on 02/18/2009 19:26
Nameless Monster
EB FAN RAAAAAAGE!!!

Seriously, I blame the US legal system. Lawsuits are too easy to pull of.

Who's up to putting a flaming bag of poop in front of NoA's office? I'll bring the matches.
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