Another Encounter with the ESA

[admin]

Hey guys. Yesterday, I received an email from my web host regarding an ESA complaint; this time, about the infringing material that include and not limited to:

Nintendo, GameBoy, and SEGA ROM Files

Immediately when I saw that email, I was in shock - does this mean I have to remove entire ROM sections? I was unsure, so I contacted the ESA directly to get more info, and they told me:
_____________________________________________

Thank you for your email response to our notice. We appreciate your
cooperation to previous copyright notices, however we have found there
are still additional ESA member ROMs available for download on your
website. A list of ESA members can be found below, and also at our
website:

http://www.theesa.com/about/esa_members.php

Activision, Inc.
Atari, Inc.
Buena Vista Games, Inc.
Capcom USA, Inc.
Crave Entertainment
Eidos Interactive
Electronic Arts
Her Interactive, Inc.
id Software
Konami Digital Entertainment America
LucasArts
Mad Catz, Inc.
Microsoft Corporation
Midway Games, Inc.
Namco Hometek, Inc.
Nintendo of America Inc.
SEGA of America, Inc.
Sony Computer Entertainment America
Sony Online Entertainment, Inc.
Take-Two Interactive Software, Inc.
The American Game Factory, Inc.
THQ, Inc.
Ubisoft Entertainment, Inc.
Vivendi Games, Inc.
Warner Bros. Interactive Entertainment Inc.
Wild Tangent

Examples of video game ROMs that are still available are Contra and
Castlevania (Konami, NES), Altered Beast (SEGA, Genesis), and Austin
Powers: Oh Behave! (Take-Two Interactive, GameBoy Color).

Please remove all ESA member ROMs from your website. We appreciate
your continued cooperation.
_____________________________________________

Basically, I spent an hour researching game titles and which publisher they belong to, and came up with a list of "infringing" titiles (they are in no particular order):

Donkey Kong
Mario
Rayman
Zelda
Doom
Pac-Man
Contra
Casetlevania
Altered Beast
Austin Powers
Quake
Mechwarrior
Monster Truck Madness
Bomberman
Grand Theft Auto
Starcraft
Rainbow Six
Brute Force
Metal Gear
Star Wars
Balloon Fight
Abadox
Namco
Excitebike
Fire Emblem
Galaga
Galaxian
Centipede
Mega Man
NES
Nintendo
Skate or Die
Snow Bros
Street Fighter
Mortal Kombat
Teenage Mutant Ninja turtles
Tekken
Tiny Toon
WWF
Capcom
Goof Troop
Kirby
Madden NFL
SNES
Star Fox
Worms
Shining Force
Warcraft
X-Men
Virtua Cop
Space Invaders
Atari
Bugs Bunny
Dance Dance Revolution
Killer Instinct
Yoshi
Metroid
Sonic

I have currently disabled all downloads for these titles, and am awating a response from the ESA. We don't know what this means for the future of CoolROM, but so far, it's not looking good. I will keep you guys up to date on the situation.

[Crazed Dragon]

damn...by the sound of it, they want everything gone soon...well I hope its not as bad as I think it is and the ESA can try to be more leanient...cause want can't let our beloved coolROM die...

[admin]

That's fine Crazed Dragon, feel free to post your thoughts/comments here.

[Iconoclast]

Ouch. Should I update the Rules of the ROM Request Forum thread with these titles?

It does sound rather shocking. On the positive side, the thing that makes this site unique is not the ROM files. Almost all emulation-related sites have ROMs for download. What makes this site unique is the forum members here and the emulation help they provide unlike other sites in some areas of emulation. (Although, I wonder why Kameo has gone missing.)

[Crazed Dragon]

Ouch. Should I update the Rules of the ROM Request Forum thread with these titles?

It does sound rather shocking. On the positive side, the thing that makes this site unique is not the ROM files. Almost all emulation-related sites have ROMs for download. What makes this site unique is the forum members here and the emulation help they provide unlike other sites in some areas of emulation. (Although, I wonder why Kameo has gone missing.)you don't think he got busted do you? though I don't think that, his gf is pregant after all, he probaly is just dealing with of comp stuff now, cause he doesn't even come on MSN much and he use to always be on MSN

[Iconoclast]

you don't think he got busted do you? though I don't think that, his gf is pregant after all, he probaly is just dealing with of comp stuff now, cause he doesn't even come on MSN much and he use to always be on MSNI can't understand you. His grandfather is pregnant? What"s gf?

I don't know any details as to why he left. I don't think he got busted. Then again, I don't know where he lives and how law is over there. (He says he is from Holland, but from is different than in.) Maybe something personal happened to him, like marriage (unlikely), or a physical accident or personal conflict that resulted. Again, I don't know the details, so your guess is better than mine.

[Crazed Dragon]

I can't understand you. His grandfather is pregnant? What"s gf?

I don't know any details as to why he left. I don't think he got busted. Then again, I don't know where he lives and how law is over there. (He says he is from Holland, but from is different than in.) Maybe something personal happened to him, like marriage (unlikely), or a physical accident or personal conflict that resulted. Again, I don't know the details, so your guess is better than mine.will I do know him on a more friend bases and gf means girlfriend, so yeah high chance he has life thing to deal with, but back to CoolROM. I hope thing work out well for her and if there is anything I could do I would try my best to

[Fierce Deity]

This really is a shame. Why are they picking on this site anyways? There are tons of other sites that haven't even gotten rid of the other ROMs. Why are these new ones bad all of a sudden? Well, good luck to you, admin. Let me know if I can help in any way....

[Crazed Dragon]

This really is a shame. Why are they picking on this site anyways? There are tons of other sites that haven't even gotten rid of the other ROMs. Why are these new ones bad all of a sudden? Well, good luck to you, admin. Let me know if I can help in any way....they're picking on us cause they know we listen...

[Iconoclast]

No, because this is one of the only ROM sites that the ESA has authority over. They cannot control websites outside of North American servers. According to pizzaman, the CoolROM server is in Canada, and the ESA can legally shut down this site if admin does not follow their legal demands.

I wonder, why the hell do they not ask admin to remove all of the ROM files on the whole damn site? They are all copyright-infringement, and the ESA is almost certain to already know that. Is there something we know that they don't?

[admin]

That only titles under their member companies they are entitled to protect - which accounts for most of the ROM files, but not all.

[fiReBirD]

I can't understand you. His grandfather is pregnant? What"s gf?

I don't know any details as to why he left. I don't think he got busted. Then again, I don't know where he lives and how law is over there. (He says he is from Holland, but from is different than in.) Maybe something personal happened to him, like marriage (unlikely), or a physical accident or personal conflict that resulted. Again, I don't know the details, so your guess is better than mine.
Just to finish off this one... Marriage is a thing almost everyone in Europe gets struck by in the early 20's... So marriage isn't too unlikely...

And to hell with the ESA... It sucks... so many ROM's protected by it(I'm not gonna sleep tonight, I'll be crying while figuring out an executionplan of those behind the ESA protection, first move, hiring a mercenary/assassin)... Why do they even protect the older console games like SNES games...? They aren't even for sale anymore... Perhaps you can get them through eBay, but thats all....!!!

[Crazed Dragon]

Just to finish off this one... Marriage is a thing almost everyone in Europe gets struck by in the early 20's... So marriage isn't too unlikely...

And to hell with the ESA... It sucks... so many ROM's protected by it(I'm not gonna sleep tonight, I'll be crying while figuring out an executionplan of those behind the ESA protection, first move, hiring a mercenary/assassin)... Why do they even protect the older console games like SNES games...? They aren't even for sale anymore... Perhaps you can get them through eBay, but thats all....!!!its because of the Wii with it thing that let you buy older game off the internet thing it has...and fyi, I already have anrange for a specail present to be left in the bed of the head man of the ESA...and that just a start...me and Systemeth have are plans :devil:
but yes, if worse does come to worse here, CoolROM shall find a way to go on, she is strong and willing, she won't back down, no never. there is are forum side of the site which is very useful for some for help and what not. and perhabs there are other things we still can do

[chaos master]

Yes, good luck to you, admin, and good luck to the future of CoolROM. Oh noes.

[Iconoclast]

Just to finish off this one... Marriage is a thing almost everyone in Europe gets struck by in the early 20's... So marriage isn't too unlikely...

And to hell with the ESA... It sucks... so many ROM's protected by it(I'm not gonna sleep tonight, I'll be crying while figuring out an executionplan of those behind the ESA protection, first move, hiring a mercenary/assassin)... Why do they even protect the older console games like SNES games...? They aren't even for sale anymore... Perhaps you can get them through eBay, but thats all....!!!What do you mean "struck by?"

Their sale is irrelevant to their copyright status. Until the 2050s, SNES ROMs will still be copyrighted and protected by the ESA.

Personally, I don't hate the ESA at all. It seems I'm the only one here who thinks that. These ROMs are copyrighted, and I do not blame them for taking legal action against that. Even so, in this empty void of mass and energy we perceive as the universe, life itself seems obsolete, and while there seems to be no end to the depressive imagination one"s mind can extend to when knowing reality, I do believe that while we're on this earth, the one thing we can do to reduce this obsoletion is to life a happy life. Count only the happy hours. It is only necessary to be forgetful of this obsoletion, and both emulation and upholding the law is an example of this necessary ignorance. Both the copyright-infringers and the law-enforcers are living in the life they want to life in, so I cannot blame either side.

[ridley]

this isnt fair if they looked hard enough they could find tonnes of other sites they havnt picked on

[Mjshl2]

Aw man, I wish the ESA main office would get struck by a meteor or something.
I kind of figured they would pull this **** before the Wii was out. The forums is going to be all thats left it seems(AND LETS KEEP THEM ALIVE DAMNIT). Oh well, ill be here until the end, but if I was you Admin I would do what they say. Im sure they arent messing around at all. If people are smart enough or want something badly enough they will still be able to find it. It was great while it lasted. I suppose ill take down my Sega Model 2 Links, considering they contain Sonic and stuff.
All I have left to say is **** the ESA.

[Iconoclast]

Well, these forums are still significantly alive. The ROMs may be under persecution by the ESA, but that ain't nothing. You can always get ROMs from one of the other hundred sites out there, only CoolROM is a little more surfer friendly than those.

The ESA has no control, legally, over these forums. The only part of these forums that"s dying is that a couple of important users have gone missing. Out of these two users, I can only predict that, within a matter of months, Kameo might come back.

[fiReBirD]

Well you should consider the other members that have disappeared from this site i.e. skid... He was a good member, always helpful and giving suggestions...

[Iconoclast]

I never really got to know skid. I saw only some of his posts scattered through the forums, but I never really had a chance to talk to him.

When I said two important members were missing, I should have specified 'relatively'. I had Kurt and Kameo in mind; other lesser users that are missing are dtfreak05, noodles, and skid. noodles, the greater among those three, who were long gone. He is probably just busy with his school life, like me, since hes been gone ever since school started.

[ridley]

i miss luclicane and savking. savking can hardly be called lesser

[Crazed Dragon]

i miss luclicane and savking. savking can hardly be called lesserI believe Icono called them "lesser" because Kurt and Kameo are both mods and have offered alot here (Kameo fullset and what not and Kurt had something to do with arcading, honestly don't knwo, I don't know anything about arcade emulating and don't care) there are plenty of members I know that have disapeared or gone less active since I joined here

[Kristaps513]

I never really got to know skid. I saw only some of his posts scattered through the forums, but I never really had a chance to talk to him.

When I said two important members were missing, I should have specified 'relatively'. I had Kurt and Kameo in mind; other lesser users that are missing are dtfreak05, noodles, and skid. noodles, the greater among those three, who were long gone. He is probably just busy with his school life, like me, since hes been gone ever since school started.

What noodles are you joking? :hand:
When i'm in here he's usualy online... ;)

[Kristaps513]

I never really got to know skid. I saw only some of his posts scattered through the forums, but I never really had a chance to talk to him.

When I said two important members were missing, I should have specified 'relatively'. I had Kurt and Kameo in mind; other lesser users that are missing are dtfreak05, noodles, and skid. noodles, the greater among those three, who were long gone. He is probably just busy with his school life, like me, since hes been gone ever since school started.

When i joined i didn't notice him so he's long gone... :(

[admin]

UPDATE: The DMCA complaint ticket by the ESA against us has now been closed. It appears as though they have settled with the removal of the following titles that I have researched:

Donkey Kong
Mario
Rayman
Zelda
Doom
Pac-Man
Contra
Casetlevania
Altered Beast
Austin Powers
Quake
Mechwarrior
Monster Truck Madness
Bomberman
Grand Theft Auto
Starcraft
Rainbow Six
Brute Force
Metal Gear
Star Wars
Balloon Fight
Abadox
Namco
Excitebike
Fire Emblem
Galaga
Galaxian
Centipede
Mega Man
NES
Nintendo
Skate or Die
Snow Bros
Street Fighter
Mortal Kombat
Teenage Mutant Ninja turtles
Tekken
Tiny Toon
WWF
Capcom
Goof Troop
Kirby
Madden NFL
SNES
Star Fox
Worms
Shining Force
Warcraft
X-Men
Virtua Cop
Space Invaders
Atari
Bugs Bunny
Dance Dance Revolution
Killer Instinct
Yoshi
Metroid
Sonic

Anyways, it does not seem our ROM section is safe for long, as I believe they will keep coming back to remove more titles one by one, maybe even titles that they have no control over. In the meantime, I am looking for a new web host, who is more lenient towards these policies, and will try to bring CoolROM to 100%! Besides, all ROM files are not considered legal anyways :(. Will keep you guys updated.

[Kristaps513]

UPDATE: The DMCA complaint ticket by the ESA against us has now been closed. It appears as though they have settled with the removal of the following titles that I have researched:

Donkey Kong
Mario
Rayman
Zelda
Doom
Pac-Man
Contra
Casetlevania
Altered Beast
Austin Powers
Quake
Mechwarrior
Monster Truck Madness
Bomberman
Grand Theft Auto
Starcraft
Rainbow Six
Brute Force
Metal Gear
Star Wars
Balloon Fight
Abadox
Namco
Excitebike
Fire Emblem
Galaga
Galaxian
Centipede
Mega Man
NES
Nintendo
Skate or Die
Snow Bros
Street Fighter
Mortal Kombat
Teenage Mutant Ninja turtles
Tekken
Tiny Toon
WWF
Capcom
Goof Troop
Kirby
Madden NFL
SNES
Star Fox
Worms
Shining Force
Warcraft
X-Men
Virtua Cop
Space Invaders
Atari
Bugs Bunny
Dance Dance Revolution
Killer Instinct
Yoshi
Metroid
Sonic

Anyways, it does not seem our ROM section is safe for long, as I believe they will keep coming back to remove more titles one by one, maybe even titles that they have no control over. In the meantime, I am looking for a new web host, who is more lenient towards these policies, and will try to bring CoolROM to 100%! Besides, all ROM files are not considered legal anyways :(. Will keep you guys updated.

WHAT? :shocked:
Those are the most and coolest games!! :(
They have sharply reduced game list... :shocked:
OMG... :(

[DarthBrady]

WHAT? :shocked:
Those are the most and coolest games!! :(
They have sharply reduced game list... :shocked:
OMG... :(

Well, I hate to say it,

..But what did you expect?

Nintendo will be re-releasing over half of those title families next year, making them stocked retail, again. Love it or hate it, its happening.

[Kristaps513]

Well, I hate to say it,

..But what did you expect?

Nintendo will be re-releasing over half of those title families next year, making them stocked retail, again. Love it or hate it, its happening.

Well i expected that they think of something new, instead of making the old name games again! :(