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The reason EarthBound is not coming to the Virtual Console photo

When news dropped three months ago that EarthBound -- the incredibly good Super Nintendo RPG -- would not be coming to the Virtual Console, fans of the cult classic flipped out (me included!). Rumors of the games exclusion -- from the ridiculous (Nintendo hates its fans!) to the likely (copyright issues!) -- immediately starting making their way around the Internet.

Games Radar posted a fascinating story that may get to the bottom of exactly why EarthBound is having some issues being re-released on the Wii’s retro game download service. The feature compares videogame music to the real-life songs that inspired them, with a huge section dedicated to the music of EarthBound. Even better, there are clickable samples of each track embedded in the article to make quick comparisons a snap!

Once you listen to it you will easily understand while Nintendo may be having some legal trouble with the music in the game. While it doesn’t change the fact that one of my favorite games of all time is not coming to the Virtual Console, hearing it all puts everything into a much more realistic perspective. Maybe Nintendo doesn’t hate me after all!

What do you think? Even though everyone knew the EarthBound soundtrack was inspired by a lot of real-life music, does hearing the song comparisons still surprise you?

[Image via deviantART]








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Chad Concelmo is Destructoid's features editor. He loves hanging out with awesome people. That's why Destructoid makes him so happy, since it is full of THE MOST AWESOME PEOPLE OF ALL TIME! Also, dolphins. Likes Chad enjoys punching old ladies in the face, Super Metroid, Zelda: A Link to the Past on the SNES (best system ever!), Final Fantasy VI, Day of the Tentacle, Shadow of the Colossus, Mother 3, Beyond Good & Evil, Contra III, Valkyria Chronicles, Punch-Out!!, Half-Life 2, and Super Mario Galaxy 2. Meet the rest of the team



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50 comments | showing # 1 to 50
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Dale North's Avatar - Comment posted on 05/14/2009 17:24
Dale North
I'll write new music for this bitch!
FalconReaper's Avatar - Comment posted on 05/14/2009 17:26
FalconReaper
@ Dale North

If you do, you'll replace Batman as my hero
Chad Concelmo's Avatar - Comment posted on 05/14/2009 17:28
Chad Concelmo
@Dale North,
Let's move to Iowa. :)
Monodi's Avatar - Comment posted on 05/14/2009 17:33
Monodi
Solution: Compose new and still catchy melodies for those tracks that are very similar, and remove those pop-culture refences that could endanger it.

If they put another excuse after that, I am car-bombing the offices at Redmond.
Tristero's Avatar - Comment posted on 05/14/2009 17:34
Tristero
I love that picture from DeviantArt. It definitely captures the crazy turn the game takes toward darkness near the end of the story.

I think what makes the whole Mother series drama so disappointing is that people who love the game want OTHER people to experience it too. If you're in love with the series, chances are you own the SNES game, the Japanese GBA releases, etc. It's just sad to think of all the people who are missing out on an easy way to access these masterpieces.
Monodi's Avatar - Comment posted on 05/14/2009 17:34
Monodi
Also this issue was already published in EarthBound Cenrtral immediatly after the sad news months ago. Not to call you a bunch of slowpokes but yeah.
Nameless Monster's Avatar - Comment posted on 05/14/2009 17:35
Nameless Monster
Also relevant, from Tomato's blog "Earthbound Central"(Tomato is the one behind Mother 3's Fan Translation): http://earthboundcentral.com/2009/02/earthbound-legal-issues/
Dale North's Avatar - Comment posted on 05/14/2009 17:36
Dale North
@FalconReaper - i'd give one of my balls for the opportunity
@chadconcelmo - i'd give one of my balls...
Braumeister's Avatar - Comment posted on 05/14/2009 17:39
Braumeister
With the exception of the tune aping Xevious (which is awesome in its own right), none of those tracks are close enough to the originals to foster a lawsuit.

I hear more blatant ripoffs on infomercials all the time.
Chronic Logic's Avatar - Comment posted on 05/14/2009 17:44
Chronic Logic
Shit is so grimdark!
eternalplayer2345's Avatar - Comment posted on 05/14/2009 17:49
eternalplayer2345
Why did you find that image we were talking about it two weeks ago in IRC. But anyways I just beat earthbound for the 2nd time two days ago and while I'm glad that I have a way to play this is amazing game. I can't really get others to play it and experience the greatness.
eternalplayer2345's Avatar - Comment posted on 05/14/2009 17:50
eternalplayer2345
@Dale north I loved home again, so you would have no complaints from me redoing the whole soundtrack <3
A New Challenger's Avatar - Comment posted on 05/14/2009 17:51
A New Challenger
When this broke a few months ago and I listened to the offending clips my first thought was to get Alf Clausen to rejigger them into soundalikes as he so expertly does on The Simpsons (Sherry Bobbins, anyone?)

And, from the sound of things when this came up, apparently NoA would happily alter the soundtrack except NCL and/or Itoi say "no."
Unassuming Local Guy's Avatar - Comment posted on 05/14/2009 17:54
Unassuming Local Guy
I don't think they'd have much to worry about. Most of the music only resembles it slightly, and chord changes aren't copyrightable. The only one that sounds almost exactly the same is the Moonside theme. It's a lame excuse if that's what their excuse is.
Conan-san's Avatar - Comment posted on 05/14/2009 18:01
Conan-san
Silly Chad, you're a gamer, Nintendo hates you with all it's heart and soul. Denying you Earthbound on the Virtual Console makes it's monsterous member stiff with the blood of a thousand of your fellow gamers flowing through it in sexual arousal.
Danl Haas's Avatar - Comment posted on 05/14/2009 18:11
Danl Haas
@Chad and Dale
You guys should totally come to Iowa. I'll buy the drinks.
Chad Concelmo's Avatar - Comment posted on 05/14/2009 18:14
Chad Concelmo
@eternalplayer2345,
I have my sources. ;)

Also, I am stalking you. <3
shadowsinthenyte's Avatar - Comment posted on 05/14/2009 18:18
shadowsinthenyte
This is why we can't have nice things. But wait, we didn't get Mother3 either and that had nothing to do with music copyright. Maybe Nintendo really does hate its hardcore fans. Or they're too busy rolling around in their monies pile.
Shoop's Avatar - Comment posted on 05/14/2009 18:18
Shoop
This isn't the reason that Earthbound isn't coming out here. Besides the fact that none of the tracks listed more than vaguely resemble shit (and probably only vaguely because of suggestion), most of the other games on the list have had rereleases and haven't had any legal troubles there.
Wedge's Avatar - Comment posted on 05/14/2009 18:21
Wedge
What? Really? None of that shit is remotely related. And any of it that is even close, is just a few seconds that are loosely similar. No. Just no. That cannot be a real reason. God I hope not.
Dr Milkdad's Avatar - Comment posted on 05/14/2009 18:22
Dr Milkdad
Nintendo still hates us.
's Avatar - Comment posted on 05/14/2009 18:23
Clint
Understandable but regrettable. Thank god for ROMs ;)

Also, love the image! (and it's comedic counterpart)

DaedHead8's Avatar - Comment posted on 05/14/2009 18:34
DaedHead8
That Games Radar article is extremely eye-opening. Good stuff.
Naim Master's Avatar - Comment posted on 05/14/2009 18:59
Naim Master
Actually , after seeing the E3 Wii Music presentation ,we should all know that NINTENDO HATES EVERY LITTLE BIT OF US .
Paviel's Avatar - Comment posted on 05/14/2009 19:06
Paviel
This is only half of the story. The other half is that NoA WANTS to change the offending music (and whatever else might get them sued), and in the spirit of preserving the original, Nintendo of Japan won't let them make changes to a VC release.

Which says nothing about a remake outside of the VC... say, on the Wii or the DS... /pray
FistfulOAwesome's Avatar - Comment posted on 05/14/2009 19:16
FistfulOAwesome
Come on guys! Just 7 more prayers and we'll get all the help we need. Someone... Help Us... O.K. now only 6.
Kyousuke Nanbu's Avatar - Comment posted on 05/14/2009 19:18
Kyousuke Nanbu
At this point we'll never see it here. :(
RAB's Avatar - Comment posted on 05/14/2009 19:53
RAB
I LOL'D

HarassmentPanda's Avatar - Comment posted on 05/14/2009 19:55
HarassmentPanda
I remember listening to these comparisons a couple years ago. Honestly, some of them are pretty difficult to even notice. I would imagine Nintendo has the ability to clear the rights to these songs--although Beatles-influenced tracks would probably be tough, but I doubt there's much of an economic incentive for them to do so. Why spend a bunch of money so you can re-release a largely unsuccessful title when you can dump out another mini game collection and sell millions?

Ah well, at least I still have my GIANT EB box staring me in the face. EB is probably the main reason my SNES has remained hooked up to a TV for the last 15 years.
Magesx's Avatar - Comment posted on 05/14/2009 20:13
Magesx
Is Earthbound really a //cult// classic by this point?
Chris Carter's Avatar - Comment posted on 05/14/2009 20:24
Chris Carter
@Mages
I'd say it's surpassed that, easily. It's had more Smash Brothers appearances/levels than a lot of other major Nintendo franchises.
invader alex's Avatar - Comment posted on 05/14/2009 20:24
invader alex
OH my Can... I was just listening to tago mago... STOP LOOKING AT ME LIKE I AM CRAZY!
The Prodigal Son's Avatar - Comment posted on 05/14/2009 20:25
The Prodigal Son
Yeah, the Earthbound shit is ripped. I'm not going to say that music doesn't have a role in a videogame, but who the fuck buys a game solely because of the music (well...maybe Comix Zone)? Nintendo just needs to change that shit to something goofy and move on with the VC release. Otherwise, we'll all just hafta keep playing our not-emulators and not-roms

(Thanks Colette for inspiring the "not-" prefix everything not-illegal)
Monodi's Avatar - Comment posted on 05/14/2009 20:55
Monodi
@MagesX

Dude, it is known for having one of the most insane, reliable and succesful fan bases ever.
garison's Avatar - Comment posted on 05/14/2009 23:19
garison
But what about Mother 3? What explanation does Nintendo have for that game?
mr spooky's Avatar - Comment posted on 05/14/2009 23:47
mr spooky
Just ask Yoko Ono for the music rights. What about Earthboundzero?
fozzyozzy's Avatar - Comment posted on 05/15/2009 00:00
fozzyozzy
That was it? Are you serious! I don't think Sousa should be a problem because I'm fairly sure that's public domain by now. And I'm sure Chuck Berry's estate goes after every musical artist that opens a song with improvisational guitar.

Now that I've heard, I don't buy it.
Stella Wong's Avatar - Comment posted on 05/15/2009 00:56
Stella Wong
@Dale North- I would love you forever if you did it anyways.

I was trying to hear the comparisons, but I really don't hear it too much to notice it as a big deal.
MuddBstrd's Avatar - Comment posted on 05/15/2009 01:26
MuddBstrd
I dunno about the Games Radar article. I listened to their samples, and most of its claims are a pretty big stretch with regard to EarthBound. Maybe my ear just sucks, but I definitely cannot hear the Monty Python "Liberty Bell March" in the naming screen music.
viviextreme's Avatar - Comment posted on 05/15/2009 01:35
viviextreme
IMO this is a stupid.

Nintendo is telling me that they can't afford to get the rights to use the song while Harmonix and Activision can do it almost weekly? Nintendo has made a killing over the Wii and DS, and they could sell this game on the VC well as well. Honestly.. %*#& Reggie, him and Nintendo of America has made me feel ashamed for living on this continent when it comes to playing games on Nintendo. I'd rather live in Europe and get the games later then not get them at all. As a Nintendo fanboy I have recently been a firm believer that Nintendo of America could really care less on what the core gamers think and this is just feeding the flame. Screw you Nintendo of America if you want a good legal battle try and get Banjo Kazooie or Golden Eye.. oh wait you won't even try because you don't even care to deal with a smaller problem like this. NoA will not get any sympathy from me.
Pedro Cortes's Avatar - Comment posted on 05/15/2009 01:37
Pedro Cortes
Earthbound not coming out on the VC is one of the events that made me completely lose faith in Nintendo.
Gavin's Avatar - Comment posted on 05/15/2009 03:14
Gavin
Those songs are all obviously tributes/parody and would fall well withing the acceptable use realm of music copyright. Nintendo knows that these games appeal to a niche crowd (I'm a proud member) and doesn't the the profits being enough. The casual crowd doesn't give a shit about Mother/Earthbound and Nintendo only cares about them now. It is as easy as that.
The Amazing Shenazin's Avatar - Comment posted on 05/15/2009 06:36
The Amazing Shenazin
well, it's not as if Nintendo gives a shit about us anyway
Batthink's Avatar - Comment posted on 05/15/2009 07:28
Batthink
I wouldn't mind it if they removed some of the warped samples from the music. If we keep pressing them, who knows? They may just release it...
SWE3tMadness's Avatar - Comment posted on 05/15/2009 09:02
SWE3tMadness
Wow, that picture just makes this whole story even more depressing. :[
hjd uk's Avatar - Comment posted on 05/15/2009 09:06
hjd uk
Good god some of those are tenuous.
(Although a couple are bloody obvious), I cant hear the 'Monty Python one' at all.

I hate layers.
welkstar's Avatar - Comment posted on 05/15/2009 09:15
welkstar
False, Nintendo hates its fans.
Bob Muir's Avatar - Comment posted on 05/15/2009 10:32
Bob Muir
Gamers may have noticed these comparisons (more like inspirations), and they're probably true to a certain degree, but I highly doubt that by getting an ESRB rating and shoving Earthbound onto Virtual Console that Nintendo is going to suddenly get a bunch of lawsuits. It feels like these couple of songs are the only logical reason Nintendo hasn't rereleased the game over here, and fans are latching onto it because they have nothing else left. (I personally remember hearing something about the translation's copyright being a tricky situation? Don't quote me on that.)

Anyway, if I did play the game, I'd want the same experience everyone else had, so replacing a few tracks wouldn't cut it for me. I'm sure most fans feel the same way. Still, it's easy enough to get the game for free if you're not allowed to pay Nintendo money for it. I finally got my Wii hacked, and though I never pirate games and plan to use it only for homebrew and to allow the play of import games, I did make one small exception for the time being: getting the Earthbound channel installed on my Wii's menu, VC-style, to play sometime in the future.

Anytime you want my money, Nintendo, I'll be happy to replace it with an officially-purchased copy in the modern format of your choice.
Darren Nakamura's Avatar - Comment posted on 05/15/2009 23:05
Darren Nakamura
I feel like I've seen something like this elsewhere. What sort of cheeses me off is that if this is the reason why it won't be released, why can't Nintendo tell us that?

Or better yet, knowing how rabid the fan base is, why not modify it to include different music? I admit that's not the ideal solution (some of the music is so memorable, it's one of my favorite parts of the game), but it's better than no Earthbound.
jamesexia's Avatar - Comment posted on 03/22/2012 02:15
jamesexia
I hate to break it to everyone, but it seems Nintendo won't even release any of the Mother games on the japanese VC for the same reasons they say they can't release them over here. I can't remember where I heard it, but if its true, THATS JUST STUPID! And yeah, they probably do hate our guts for liking this series...
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