Why are there no unlicensed games today?

[buzz_n64]

Which systems had unlicensed games for it?
That I know of-

MSX
Mark I/II/III/Master System
Famicom/NES
Mega Drive/Genesis
SNES/SFC
GB
GBC
GBA

[BlastProcessing402]

Which systems had unlicensed games for it?
That I know of-

MSX
Mark I/II/III/Master System
Famicom/NES
Mega Drive/Genesis
SNES/SFC
GB
GBC
GBA

Well, licensing didn't really start until the days of the NES, so pretty much any 3rd party game for a console before then could be considered unlicensed.

Notably, Activision was founded by former Atari programmers expressly for the purposes of putting out games for the 2600 without Atari's approval because they were pissed at Atari's policy of not crediting them for the games they worked on.

[Robocop2]

I'd argue that the homebrew applications and software that are released and playable on modded consoles/handhelds would count as unlicensed.

Though granted I have very little experience with it as I don't own a modded box.

[Buyatari]

I'd argue that the homebrew applications and software that are released and playable on modded consoles/handhelds would count as unlicensed.

Though granted I have very little experience with it as I don't own a modded box.

Sure that could count as unlicensed but that isn't what I am asking.

As was already stated Activision came out against Atari and none of it was licensed. With the NES there were several small companies who did this but Atari under the Tengen name released mostly unlicensed titles.

So why doesn't EA or Infogrames or Activision or even an up and commer release unlicensed games is it all the DMCA? I guess I don't understand how that works then. I was under the assumption that the DMCA had more to do with tampering with the hardware.

[chrisbid]

there are unlicensed dreamcast games

[Kitsune Sniper]

So why doesn't EA or Infogrames or Activision or even an up and commer release unlicensed games is it all the DMCA? I guess I don't understand how that works then. I was under the assumption that the DMCA had more to do with tampering with the hardware.

... They make more than enough money the legal way.

Also, why would anyone risk being sued by Sony or Microsoft? It's not worth the money. And they can just block you with a firmware update.

[FABombjoy]

To create a game disc that ran an unlicensed game on a modern console, you would need to either steal or recover the private encryption key used to sign & authenticate the application code, OR exploit a bug in the existing hardware design (and pray that a firmware update doesn't fix it).

You might also need a disc fabricator that can replicate any unique disc-based authentication mechanisms, unique formatting, etc.

[goatdan]

To create a game disc that ran an unlicensed game on a modern console, you would need to either steal or recover the private encryption key used to sign & authenticate the application code, OR exploit a bug in the existing hardware design (and pray that a firmware update doesn't fix it).

You might also need a disc fabricator that can replicate any unique disc-based authentication mechanisms, unique formatting, etc.

All of this is pretty doable though with today's technology. It's pretty much been done with both the DS and PSP for a long time now, and if there was money to be made it would be done with everything else.

The key, however, is that the DMCA gives the companies the right to not just sue the person who programs the game, but also the production house that produces the game. The DMCA then allows the company to sue the production house, which makes it so that unless you build your own production house, no company is going to be stupid enough to risk millions on a tiny, tiny project for an indie developer.

Running the GOAT Store, I had to explore this a TON when it came to making independent Dreamcast titles. The law is a really bad one in the way of digital freedom, and one that could have easily been fixed to be a heck of a lot more fair for all involved. But, it was written by people who owning everything forever was more important than money (Disney), so it is written completely to benefit businesses, not to benefit the regular people.

The technical side is totally doable. The law makes it so that Sony or Microsoft could sue the production facility for millions, and it is written in a way that it would take millions in litigation to get through. FAR more than it would cost for a company to legitimately buy development consoles and license their games.

[Buyatari]

... They make more than enough money the legal way.

Also, why would anyone risk being sued by Sony or Microsoft? It's not worth the money. And they can just block you with a firmware update.

Well that is my question. IS it illegal?

Activision started out doing this. When exactly did making unauthorized software become illegal. Now I'm not talking about bootleg copies but new games created by companies.

Also there used to be unauthorized strategy guides but you never see any these days. Are these illegal these days as well? You can write a book about Brad Pitt and Angelina and the 17 children but not about Call Of Duty 3? WTF ?!?

[Baloo]

Also there used to be unauthorized strategy guides but you never see any these days. Are these illegal these days as well? You can write a book about Brad Pitt and Angelina and the 17 children but not about Call Of Duty 3? WTF ?!?

Well, Prima I think has those official licenses with the companies to make strategy guides, and I'm sure gets all the tips and tricks from developers to every cheat and unlockable in the game.

Back in the day it was one thing to write an unofficial guide on "Sonic the Hedgehog" for Genesis. Would anyone even want to try giving that a crack on a game like Call of Duty: Black Ops? I sure as hell wouldn't, WAY too much work involved.

[Kitsune Sniper]

Well that is my question. IS it illegal?

Activision started out doing this. When exactly did making unauthorized software become illegal. Now I'm not talking about bootleg copies but new games created by companies.

Also there used to be unauthorized strategy guides but you never see any these days. Are these illegal these days as well? You can write a book about Brad Pitt and Angelina and the 17 children but not about Call Of Duty 3? WTF ?!?

Does it matter if it's illegal? See that part where I said they'd sue the pants off of you. Even if the law was on your side, they could still sue you and force you to spend everything you have on laywers knowing they could just keep doing it until you ran out of money and then force you to pay them more.

...

*coughs*

[goatdan]

Well that is my question. IS it illegal?

The answer to this question, without writing a freaking novel about all the stuff that I went into thanks to the Dreamcast releases is simply...

No one really knows if it is legal or not until the law is tested, but the law is now written in such a way that I greatly doubt that someone would be willing to take the risk to test it. The legal fees to defend yourself against action from the company would be FAR, FAR, FAR more than the cost to just pay for licensing in the first place.