Great Giana Sisters was allowed under the law. Parodies are a protected right and have been upheld in countless court cases. But that didn't stop Nintendo from crushing the Giana Sisters .
I don't believe Nintendo ever sued, they said they would if the game wasn't withdrawn. So the game was withdrawn. Parodies are only protected in the US, so Nintendo would probably have won.
Plus you have to word things carefully. And anyway he can't say anything about NES emu on kickstarter. Its an instant lawsuit from Nintendo. Even if the core exists and works perfectly he still can't say anything about it on kickstarter. Do u want him to get assasinated? :crazy:
That would be an interesting one.
1. They actively stop DS flash carts.
2. A lot of the NES games are available on Wii Virtual Console, so they could argue that it destroys revenue.
3. In the UK you aren't covered by any right to copy your NES cart onto different media, you technically require permission from the music company to rip your cd to play on your iPod. Some European countries do allow it, but not all. An individual is unlikely to get sued in the UK, because the court would see it as a waste of time. However going after someone who is profiting from copyright violations is possible. It wouldn't stop the kickstarter, but staying off the radar is probably a good idea to prevent import restrictions in various countries.
The landmark cases in emulation being legal are Sony VS Connectix, however Virtual Game Station was deemed legal because
1. it was in the US where you have fair use.
2. it had a legitimate use as the PC could play the game from an original CD.
It would be annoying if I couldn't buy one, in the same way I'm sure some people in the US are annoyed they can't buy from here
http://www.originalstormtrooper.com/ For various reasons the guy who made the original storm trooper costumes can make reproductions and sell them in the UK, but he can't sell them in the US.