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Abandon All Hope: No Earthbound for the Virtual Console

Posted by Nadia Oxford

The Mother/Earthbound fandom is the loudest on the Internet. It's also the unluckiest. Earthbound was a commercial failure on the SNES. Mother 3 just ain't never gonna doggy-paddle its way here (officially). The first Mother game was dressed up for America, but was pulled at the last minute. And now it's looking like Earthbound won't be granted its long-awaited heroes' rest on the Virtual Console.

“Oh God. What now?

The problem is beautiful in its irony: because it's such a thorough, loving tribute to the best and most creative bits of pop culture, Earthbound is also a fat target for copyright lawyers, IP theft paranoia and the bureaucracy bred by the same culture (that's irony, right? Right?). Earthbound's soundtrack alone uses a lot of samples from other songs, from The Who to the Monty Python theme.

Shigesato Itoi makes no secret about his love for the Beatles, with John Lennon's “Mother” being not only the series' namesake, but its very foundations. Unfortunately, Apple Corps' sense of humour is about as sharp and attractive as a wet dish rag. Every IP lawyer in the world carries a list in his or her pocket that's titled, “I'm Just Not Going To Fuck With This,” and Apple Corps is on the top of each list.

Interestingly, the sometimes-emotional Earthbound supersite Starmen.net is looking at the situation from a very logical point of view:

You might be thinking, "sampling/references aren't enough to bring a lawsuit", and you'd be right. But it's also true that not everything in EarthBound is simply sampled/referenced, and even if the game was technically legal, that doesn't mean lawyers will be comfortable with it. They get paid to avoid lawsuits entirely, not to get sued and then say "here's why this lawsuit is stupid".


Starmen.net also notes that someone, somewhere, didn't want to “play ball” with proposed alterations to the game. Nintendo of America's lawyers apparently offered suggestions on how Earthbound could be made into a “safe” release, but Nintendo Japan wasn't interested in the changes for some undisclosed reason. It's not even known if Itoi was involved somewhere, somehow.

Maybe a clearer reason will be forthcoming, but for now I guess there's not much to do about the fate of Earthbound except cry many Mr Saturn-scented tears.

Related Links:

The Mother 3 Translation: We're Not Worthy!
Earthbound's Secret Evil
Earthbound's Other Secret Evil

Comments

Roto13 said:

"They get paid to avoid lawsuits entirely, not to get sued and then say "here's why this lawsuit is stupid"."

That's the most sensible thing I've ever heard from a rabid Earthbound fan. :P

February 17, 2009 12:05 AM

LBD "Nytetrayn" said:

Well, that stinks.  I'd love to know what Nintendo of Japan's logic is behind this.

February 17, 2009 12:14 AM

Heritage said:

I suppose I'm just a tiny bit happy, as this means my original cart and manual will continue to retain it's value.

Still, it does mean that I'm going to have to continually loan the cart out to friends who wish to play it.

February 17, 2009 12:40 AM

Bob Mackey said:

Since Earthbound isn't in the public domain, what's stopping anyone from suing Nintendo now? Is there a statute of limitations on this sort of thing?

February 17, 2009 9:20 AM

AlexB said:

Wait. What? How many examples of actual sampling are in Earthbound? On that music page, the only really obvious one for legal trouble is the Ric Ocasek/Moonside song.

The only part of a Beatles song I remember being sampled was about a half a bar of the opening to "All You Need Is Love"--except that there's no real indication they sampled that song. The opening is itself a sample of the French national anthem "La Marseillaise." That's a public domain song. Do we know for sure they sampled a non-public domain song over one that was surely free and legally clear?

Same goes for what they're calling the theme to Monty Python. It's a public domain Sousa march.

I'm not saying they didn't sample these songs, but I don't understand how one can prove they did, except again maybe the Moonside song.

And that thing with "We Won't Get Fooled Again" is baloney. They don't sound nearly similar enough for legal trouble. And I bet even if they did, you could get away with calling it "parody," which would be legally okay.

It's not that I don't understand the legal team's reasoning of not wanting to deal with it, but really...do they think Yoko Ono, Eric Idle, Pete Townshend and the ghost of John Phillip Sousa are going to sue Nintendo over three second sampling from an obscure game? Give me a break.

February 17, 2009 9:52 AM

Kia Purity said:

Bob Mackey-- From what I heard, it's supposed to be two years after Earthbound was first released on SNES.

Apparently, it could start all over again if they were to re-release it on the VC.

Although, there is another problem that someone pointed out somewhere (in two places to boot)-- that Chrono Trigger's Robo song had a similar part in it that Rick Ashley's song (yes, that song) does as well from another song and yet CT DS saw the light. Nevermind that was probably only one song in the game that had such an issue.

Sigh. It's ironic that I simply don't understand all the issues at hand due to my deafness and simply am missing out because of uptight lawyers :P

February 17, 2009 10:03 AM

Jonathon "J" Flores said:

Uhm... Here is an idea Mr. & Mrs. Nintendo of America lawyers:

Credit should be given where credit is due.

Instead of trying to keep these pop culture refrences under wraps, why not just pay loyalties?

I mean, Reggie Fils-Aime, the so-called expert of marketing about "Kicking Ass, Taking Names, Making Games" should know that the money spent in just paying loyalties to whomever 'copyright' they touch will STILL allow them to profit.

Either that, or raise the price of the game to 12 dollars.

Why not? You did it with freaking TETRIS - WiiWare, why can't you make a game WORTH buying a bit more than the rest to make up for it if you need it?

But I'm not telling you something you didn't already know.

February 26, 2009 1:45 AM

Jonathon "J" Flores said:

If Family Guy can do it - so can you.

The following television series and movies, and even a video game, have been referenced on the series:

The A-Team

According to Jim

The Age of Innocence

ALF

Alien vs. Predator

All in the Family

Airport 1975

Andy Capp

The Bachelorette

Back to the Future

Batman TV Series

Behind the Music

Ben-Hur

Beverly Hills 90210

Bewitched

Bewitched Movie

Big Brother

Biography

Blind Date (US version)

The Boy in the Plastic Bubble

The Brady Bunch

The Breakfast Club

The Bridges of Madison County

Casper the Friendly Ghost

Cast Away

Chitty Chitty Bang Bang

The Chronicles of Narnia

Citizen Kane

Convoy

Cool Hand Luke

The Cosby Show

Coyote Ugly

Dallas

Dawson's Creek

Dazed and Confused

Deadwood

Desperate Housewives

The Dick Van Dyke Show

Dilbert

Doom

The Dukes of Hazzard

Dumbo

Eight is Enough

Empty Nest

E.T. the Extra-Terrestrial

Everybody Loves Raymond

Face/Off

The Facts of Life

Family Feud

Fantastic Voyage

Fast Times at Ridgemont High

Fat Albert and the Cosby Kids

Firefly (TV series)

The Flintstones

The Fly

The Fresh Prince of Bel-Air

Frosty the Snowman

Full Metal Jacket

G.I. Joe

Gilmore Girls

The Goonies

Grease

Growing Pains

Happy Days

The Honeymooners

How Stella Got Her Groove Back

How the Grinch Stole Christmas!

The Incredible Hulk (TV series)

Indiana Jones and the Last Crusade

Indiana Jones and the Temple of Doom

It's a Wonderful Life

Jake and the Fatman

Jaws

King of the Hill

Kramer vs. Kramer

Land of the Lost

The Late Show with David Letterman

Little House on the Prairie

Logan's Run

Looney Tunes

The Love Boat

MacGyver

Magnum, P.I.

M*A*S*H

Mask (film)

Masters of the Universe

Monty Python's The Meaning of Life

Mr. Rogers' Neighborhood

Muppets

Murphy Brown

My Cousin Vinny

The Naked Gun

The Neverending Story

North by Northwest

NYPD Blue

The O.C.

Office Space

Oz

Party of Five

The Passion of the Christ

Peanut Butter Jelly Time

Peanuts

Pinocchio

Popeye

Predator

The Price is Right

The Prince of Tides

The Princess Bride

Quantum Leap

Raiders of the Lost Ark

The Real World

The Remains of the Day

The Real World

RoboCop

Rocky

The Rocky and Bullwinkle Show

Roseanne

Rudolph the Red-Nosed Reindeer

Sanford and Son

Saturday Night Live

Scooby Doo

Seinfeld

Sesame Street

The Shawshank Redemption

The Shield

The Shining

The Silence of the Lambs

Silver Spoons

The Simpsons

The Six Million Dollar Man

Six Feet Under

The Smurfs

The Snorks

The Sound of Music

Speed Racer

Spider-Man TV Series

Star Trek

Star Trek: Deep Space Nine

Star Trek: The Next Generation

Star Wars Episode IV: A New Hope

Star Wars Episode V: The Empire Strikes Back

Star Wars Episode VI: Return of the Jedi

Suddenly Susan

Super Friends

Superman II

Survivor

Teletubbies

That Girl

Three Men and a Baby

Three's Company

The Today Show

The Transformers

The Truman Show

The Twilight Zone

ThunderCats

Tron

Two and a Half Men

Vaudville

The View

The Waltons

Wheel of Fortune

Who's the Boss?

The Wizard Of Oz

X-Men

The following music artists have been referenced on the series:

a-ha - "Take On Me"

The Allman Brothers - talking poster

Peter Frampton - "Baby I Love Your Way"

Janet Jackson - "And the Wiener is..."

Elton John - "Rocket Man"

Journey - "Don't Stop Believing"

KISS - "KISS Saves Santa" is Peter's favorite holiday special, and Lois slept with Chaim Witz before he became Gene Simmons

MC Hammer - "Can't Touch This"

Randy Newman - parody

Billy Ocean - "Get Out of My Dreams (Get Into My Car)"

Scandal - "The Warrior"

Simple Minds - "Don't You Forget About Me"

Ashlee Simpson - spoof of her Saturday Night Live mishap

The Thompson Twins - grafitti

Wham! - "Wake Me Up (Before You Go Go)"

The following comic book characters have been referenced on the series:

Spider-Man

Superman

Wonder Woman

The Batman

Aquaman

February 26, 2009 1:56 AM

thetrvth said:

Stop the insanity, people. You've being told as clear as day that someone in Japan says that it's not coming over. Earthbound is not getting re-released, Earthbound 2 is not getting an official translation, Earthbound 0 will remain an unreleased NES prototype, because someone in Japan--probably series creator Itoi himself--refuses to let any of this happen. Pop-culture references aren't keeping Mother from being made. Pop-culture references are in everything. They are not the problem. The New Age Retro Hippie's theme song isn't the problem either; the twelve-bar blues chord progression is far too common in music for anyone but Earthbound fans and the mentally insane (but I repeat myself) to pretend that the one instance of it being used in Earthbound puts Nintendo at risk of a lawsuit from Chuck Berry. Reggie is not being a sadist. There is no Mr. Nintendo who loves to devour the souls of die-hard Nintendo fans. NOA doesn't hate Earthbound fans--scratch that, they probably hate Earthbound fans as much as the rest of us, but BUT they aren't denying you your Earthbound fix out of spite, but because the answer from Japan is no.

February 27, 2009 2:07 PM

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