One aspect of gaming that will likely always remain controversial is the topic of fair usage. Fair usage in relation to video games basically states that, as long as there is unique criticism or a unique experience being had that differs from just…showing the game itself, individuals are free to do whatever they want presentation wise with the game. This law has a lot of loopholes and has been contradicted many times, as well as having many points of contention that people can’t seem to agree on. For example, if a person uploads videos of them playing through a game on Youtube and offer unique commentary the whole time, does that count as a unique presentation experience, therefore falling under the umbrella of fair usage? Some people would tell you no, others would tell yes. Plenty of videos that follow this M.O. are on Youtube as I write this, whereas plenty of other videos that follow this same pattern have been take down for violation of the law.

Likewise, many online game ROMS fall in this gray area as well. Players download the source code and assets from a game and use software to remix and ass new things to these already existing assets, making new games in the process. Does this fall under the umbrella of fair usage? Many would say yes, and many would say no. Those who say yes argue that the experience that’s being offered has many new elements and remixes the old assets in a way that amounts to a totally new experience, whereas those who argue the opposite take the stance that, regardless of how remixed the experience is, the base assets being used as the foundation is a complete violation of the copyright law. Regardless of the stance you take, the fact remains that the situation of online ROMs has followed the same path of the Youtube videos I talked about above. Plenty of gaming ROMs exist freely online and have for years, whereas others have been mercilessly pursued and taken down within a matter of days of being online.

Perhaps the most controversial of these types of gaming situations are the unofficial localizations that exist online. Many games are made in Japan and, as such, offer a Japanese language experience only. Its up to certain dedicated teams of people to properly translate the game’s language and its idioms into other languages so that the game can be experienced by mass audiences. However, not every game made in Japan can be officially translated, of course. There’s plenty of games that, sadly, remain stuck in Japan because of a lack of a translation team willing to put in the work. Insert dedicated fans who are fluent in more than one language. Fans of certain Japanese games that were never translated in say, English, have gone out of their way to simply do the translation themselves and upload their translation online so that others can experience it! Nintendo’s Mother 3 and Nihon Falcom’s Zero no Kiseki are games that have taken this exact path; dedicated fans have taken the colossal undertaking of sacrificing their own free time for the sole purpose of translating the game for anyone who would want to experience the game. The question is: does this fall under the umbrella of fair usage? Again, many would argue yes…and many would argue no. Certain game developers have gone as far as to track the dedicated fan translators down and file lawsuits against them for doing this. While this seems a bit unfair as it’s not really harming anyone, trigger happy game developers don’t seem to agree. Usually, the justification in these arguments from game developers typically boil down to: any tinkering with a game that’s not from own our hands is unjust. What do you think about this? Are game developers in the right? Or are they alienating fans with their cut-throat practices?