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Wouldn't homebrews count as "unlicensed" games? wondering how a homebrew is seperated from the unlicensed catagory

Jun 8, 2015 at 10:24:08 PM
Linkmon99 (1)
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(Thomas ) < Crack Trooper >
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Hi all, so today I thought of something interesting... If someone makes a homebrew for let's say NES, and then distributes it, wouldn't this be a new unlicensed game? If not, where are the differences drawn? Were all unlicsened games supposed to be made before a specific date? How come some games are called pirates (like chinese nes games that have been made more recently than most unlicsened ones). If someone can explain the difference between an unlicesensed, a homebrew, and a pirate, that'd be awesome!

Jun 8, 2015 at 10:47:39 PM
Faxanadude (21)
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(A Winner Is You) < Kraid Killer >
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Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.

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Edited: 06/08/2015 at 10:48 PM by Faxanadude

Jun 8, 2015 at 10:49:59 PM
Faxanadude (21)
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From a technical (and legal) standpoint, an unlicensed game and a homebrew are the same thing. We just make the distinction as collectors so we know what is vintage, what is period, and what was made last week.

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Jun 8, 2015 at 10:50:28 PM
SoleGooseProductions (129)
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I'm sure that there will be a flood of answers, but (quick and dirty) I generally see it as:

Unlicensed: Games that were made by companies active during the era of officially licensed NES games. Some of these companies continued to make games after the last licensed game.

Pirates: Games made in the post-NES era (after the last licensed game), generally for clone consoles. Many of these games are demakes of more popular games at the time, and many use copyrighted material from other sources. Many, though, are original productions. These games were mass produced, and differentiates them from...

Homebrews: Post-NES games, generally made by an individual or small team. These games are produced in limited quantity (by choice or circumstance), and much of their history and development can be read about on forums or websites online. Hobbyist endeavors, that in more recent years have expanded beyond the closed communities of the forums and conventions.

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"The light that burns twice as bright burns half as long..." ~ Blade Runner

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Jun 8, 2015 at 11:31:27 PM
Shiru (0)

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Lincensed/unlicensed and homebrew are separate different factors, so indeed a distributed homebrew game is also unlicensed game.

Pirate games called so because majority of them based on some protected IP, like Aladdin or Lion King. If a Chinese game is fully original, it is just unlicensed, not pirate.

Jun 8, 2015 at 11:36:31 PM
Benihana (154)
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(Don't Stop Believin!) < Master Higgins >
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I feel we have had this conversation before
http://nintendoage.com/forum/mess...

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Jun 8, 2015 at 11:37:08 PM
Retroscribe81 (241)
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Originally posted by: Faxanadude

Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.


Many of us are blurring that line right now, though

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Jun 9, 2015 at 1:03:08 AM
VGS_fcgamer (101)

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There will always be blurred lines, but this is how I see it:

Pirates are non-original works, with stolen code. Like Color Dreams' Super Mario Bros., or the fifty thousand bootleg copies of TMNT I have sitting in my sale pile. 100% stolen.

Unlicensed games are games coded from the ground up, by commercialized companies, which were typically around back in the day. Some of the Chinese companies used some stolen IP here and there, but the coding is original. If we classify the ones with stolen graphics as pirates, then we also have to classify the homebrew "remakes" as pirates too, since after all, stolen IP and what not, despite being coded from the ground up. I would say that the only NES / Famicom games being produced today that would still count as unlicensed titles would be the stuff from Nanjing, Waixing, Nice Code, etc, all Chinese companies that are still cranking out (albeit limited) amounts of 8-bit goodness.

Homebrew, is basically everything else, unlicensed games that are being produced in the modern period, typically by small design teams or one or two folks in a garage somewhere...think hobbyists. 100% unrelated to the period stuff in any way, shape, or form.

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Jun 9, 2015 at 9:15:49 AM
arch_8ngel (68)
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Originally posted by: Faxanadude

Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.
That isn't true for quite a lot of projects, otherwise RetroUSB wouldn't be in business.

The distinction is really pretty arbitrary, when you realize how small some of the unlicensed developers actually were, back in the day.


We had a really drawn out discussion about this subject, on numerous occasions, and the answer I liked best is:
(1) "period unlicensed" --> unlicensed games released around the production lifespan of the system
(2) "late release unlicensed" --> homebrew



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Edited: 06/09/2015 at 09:16 AM by arch_8ngel

Jun 9, 2015 at 9:21:31 AM
arch_8ngel (68)
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Originally posted by: tracker465

 I would say that the only NES / Famicom games being produced today that would still count as unlicensed titles would be the stuff from Nanjing, Waixing, Nice Code, etc, all Chinese companies that are still cranking out (albeit limited) amounts of 8-bit goodness.

Homebrew, is basically everything else, unlicensed games that are being produced in the modern period, typically by small design teams or one or two folks in a garage somewhere...think hobbyists. 100% unrelated to the period stuff in any way, shape, or form.

Honestly, I think it is really silly to make a distinction between some Chinese companies of unknown size and distribution (and claiming they are "really unlicnesed games") versus smaller developers in the USA and Europe that get branded as "homebrew" due to some arbitrary assumption about their profit-motive and distribution reach.


I mean, I can understand having some distinction based on known limited quantities --> that is, if a release only EVER gets 100 copies or fewer, for instance.

But everything that RetroUSB sells is "unlimited" and available during its contracted release period.
Same goes for guys like Piko Interactive or Second-Dimension.
Similarly, GreetingCarts does on-going commercial production.
Also, I have the impression that SoleGoose intends to do unlimited production of standard-editions.

I think all (or most) of those I mentioned are legal business entities, as well.  They exist "for profit".



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Jun 9, 2015 at 9:27:14 AM
VGS_fcgamer (101)

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Originally posted by: arch_8ngel

Originally posted by: tracker465

 I would say that the only NES / Famicom games being produced today that would still count as unlicensed titles would be the stuff from Nanjing, Waixing, Nice Code, etc, all Chinese companies that are still cranking out (albeit limited) amounts of 8-bit goodness.

Homebrew, is basically everything else, unlicensed games that are being produced in the modern period, typically by small design teams or one or two folks in a garage somewhere...think hobbyists. 100% unrelated to the period stuff in any way, shape, or form.

Honestly, I think it is really silly to make a distinction between some Chinese companies of unknown size and distribution (and claiming they are "really unlicnesed games") versus smaller developers in the USA and Europe that get branded as "homebrew" due to some arbitrary assumption about their profit-motive and distribution reach.


I mean, I can understand having some distinction based on known limited quantities --> that is, if a release only EVER gets 100 copies or fewer, for instance.

But everything that RetroUSB sells is "unlimited" and available during its contracted release period.
Same goes for guys like Piko Interactive or Second-Dimension.
Similarly, GreetingCarts does on-going commercial production.
Also, I have the impression that SoleGoose intends to do unlimited production of standard-editions.

I think all (or most) of those I mentioned are legal business entities, as well.  They exist "for profit".

 
I think it is silly to not make a distinction as I have made, and it is not just due to the fact that I made it.

Take a company such as Waixing.  They had been developing and publishing their own games since the early/mid 1990s, during the lifespan of the Famicom (NES) itself.  To say that some of their games fit into the unlicensed category, whereas others fit into the homebrew category, just based on date, is stupid.  I could see instances where collectors would want to collect all of their games, counting them as period products (due to the fact that the company making them was around during the initial lifespan) whereas the same people might not want to collect homebrew releases, despite the fact that the dates of some homebrew releases might overlap with the stragglers from said compay (in this example, Waixing).  For this reason in itself, looking at things purely by date is an inadequate way of determining if an item falls into the homebrew or unlicensed category.



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Jun 9, 2015 at 9:28:44 AM
arch_8ngel (68)
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Well, we're never going to see eye-to-eye on that point Tracker. Ever. No point in arguing with me further.

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Jun 9, 2015 at 9:31:24 AM
VGS_fcgamer (101)

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Originally posted by: arch_8ngel

Originally posted by: Faxanadude

Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.
That isn't true for quite a lot of projects, otherwise RetroUSB wouldn't be in business.

The distinction is really pretty arbitrary, when you realize how small some of the unlicensed developers actually were, back in the day.


We had a really drawn out discussion about this subject, on numerous occasions, and the answer I liked best is:
(1) "period unlicensed" --> unlicensed games released around the production lifespan of the system
(2) "late release unlicensed" --> homebrew

 
See my response above.

There are going to be times where there is some overlap, and then we are going to be categorizing by separating the products from a single company.  I feel that this is inapropriate.  To categorize by way of manufacture / production is a better method than by date alone.

Even in the term homebrew itself, it has the word "home" in it, which suggests the way in which it was produced.

In the beer world, microbrews and homebews are both not macrobrews, but to say that they are equal would be a silly assumption, despite their similarities (smaller batches, higher quality product, etc)

Finally, I have mentioned it before, but the lifespan of the console varied from location to location.  We can easily see that by the game release differences between the NES regions, NA, SA, EU, etc, and then if we throw Famicom into the bag, we can see it even more (check out all the RBI baseball games on Famicom)



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Family Bits:  An Unauthorized, Complete Guide to Famicom, Dendy, and Pegasus

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Jun 9, 2015 at 9:32:41 AM
VGS_fcgamer (101)

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Originally posted by: arch_8ngel

Well, we're never going to see eye-to-eye on that point Tracker. Ever. No point in arguing with me further.
So do you feel that it is better to say that half of a company's product is unlicensed, and the other half is homebrew, if nothing changed except for the year the game was made?



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Family Bits:  An Unauthorized, Complete Guide to Famicom, Dendy, and Pegasus

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Jun 9, 2015 at 9:57:00 AM
JimJames (154)
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Unlicensed, licensed, homebrew, hack, repro, translation etc. All of these are different (that's why they have their own names). If a game is programmed for the NES, it probably fits into one of those categories. There has not been a licensed NES game made since 1994.

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Jun 9, 2015 at 10:10:41 AM
arch_8ngel (68)
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Originally posted by: tracker465

Originally posted by: arch_8ngel

Well, we're never going to see eye-to-eye on that point Tracker. Ever. No point in arguing with me further.
So do you feel that it is better to say that half of a company's product is unlicensed, and the other half is homebrew, if nothing changed except for the year the game was made?

 
No, I think it makes sense to say that most of the homebrew that we actually talk about on the site is also "unlicensed" just like that late-release unlicensed stuff out of China.

There is no meaningful difference between the two other than country of origin.



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Jun 9, 2015 at 10:15:59 AM
arch_8ngel (68)
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Originally posted by: tracker465

Originally posted by: arch_8ngel

Originally posted by: Faxanadude

Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.
That isn't true for quite a lot of projects, otherwise RetroUSB wouldn't be in business.

The distinction is really pretty arbitrary, when you realize how small some of the unlicensed developers actually were, back in the day.


We had a really drawn out discussion about this subject, on numerous occasions, and the answer I liked best is:
(1) "period unlicensed" --> unlicensed games released around the production lifespan of the system
(2) "late release unlicensed" --> homebrew

 
See my response above.

There are going to be times where there is some overlap, and then we are going to be categorizing by separating the products from a single company.  I feel that this is inapropriate.  To categorize by way of manufacture / production is a better method than by date alone.

Even in the term homebrew itself, it has the word "home" in it, which suggests the way in which it was produced.
 
I guess my point is, unless you have personally visited those companies in China, you don't ACTUALLY know (a) how large they are, or (b) what type of facility they have for production.

It seems like a total unknown.  They actually could just be a handful of guys in a basement somewhere, and you'd never
know.

Even if "back in the day" they had a major production facility, that doesn't mean they are even the same people or facility today.  I'm guessing these are private companies and that they don't release any financial data, so again, you have no grounded notion of the scale of their production.


So in the absence of real hard data, I think it is perfectly fair to say that RetroUSB and other modern unlicensed publishers that most of us are aware of, are more comparable than you seem willing to admit.

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Jun 9, 2015 at 10:46:07 AM
VGS_fcgamer (101)

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Originally posted by: arch_8ngel

Originally posted by: tracker465

Originally posted by: arch_8ngel

Originally posted by: Faxanadude

Err.. An unlicensed game was put out by a software company with the intent to pass it off as a real game and distribute it to stores and sell it during the lifespan of the NES to actually turn a profit.

A homebrew is a passion project that some guy in his basement makes 20 years after the NES life span in limited runs and with no intent to distribute.
That isn't true for quite a lot of projects, otherwise RetroUSB wouldn't be in business.

The distinction is really pretty arbitrary, when you realize how small some of the unlicensed developers actually were, back in the day.


We had a really drawn out discussion about this subject, on numerous occasions, and the answer I liked best is:
(1) "period unlicensed" --> unlicensed games released around the production lifespan of the system
(2) "late release unlicensed" --> homebrew

 
See my response above.

There are going to be times where there is some overlap, and then we are going to be categorizing by separating the products from a single company.  I feel that this is inapropriate.  To categorize by way of manufacture / production is a better method than by date alone.

Even in the term homebrew itself, it has the word "home" in it, which suggests the way in which it was produced.
 
I guess my point is, unless you have personally visited those companies in China, you don't ACTUALLY know (a) how large they are, or (b) what type of facility they have for production.

It seems like a total unknown.  They actually could just be a handful of guys in a basement somewhere, and you'd never
know.

Even if "back in the day" they had a major production facility, that doesn't mean they are even the same people or facility today.  I'm guessing these are private companies and that they don't release any financial data, so again, you have no grounded notion of the scale of their production.


So in the absence of real hard data, I think it is perfectly fair to say that RetroUSB and other modern unlicensed publishers that most of us are aware of, are more comparable than you seem willing to admit.
I think you are failing to acknowledge the point I am making, though.  Whether RetroUSB or any other homebrew company likes it or not, they were not in existence during the NES/Famicom's heyday, period.  As such, their products are not period products, and can / should be viewed as aftermarket products.  Period.  I personally admire Brian and the wonders that he brings the community, and also appreciate the efforts of the other guys that develop and produce homebrew games; however, at the same time I feel that they should be viewed for what they are, aftermarket homebrew / fanmade products.  Let's face it, if there wasn't a Nintendo Age and noone gave a crap about Nintendo anymore, those games wouldn't be in existence.  They are a labor of love.

With that said, the games produced by companies such as Waixing, were produced for the purpose of making a living.  Those guys aren't big fans of the Nintendo.  They aren't fan projects.  And to consider them aftermarket products brings up the sticky situation I mentioned before:  

Waixing developed and published games in the late 1990s...these are unlicensed games.  The same company developed and produced games during the 21st century, and suddenly they are considered homebrew, even if the production team / company never changed?!?  It seems VERY silly to me, to make a distinction based on date, because something like the date of production is unable to encapsulate all of the relevent data, to distinguish between homebrew or not.  And the Waixing example is the classic example.  

So, how is it that one Waixing game should be considered a homebrew, yet the other should be considered unlicensed, if the company itself remains the same?  



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Jun 9, 2015 at 10:55:19 AM
VGS_fcgamer (101)

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I mean seriously, check this out:





So a company of this scope is to be considered "Homebrew", just because they released some games in the 21st century? It doesn't make sense, not at all..

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Jun 9, 2015 at 10:56:14 AM
arch_8ngel (68)
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Originally posted by: tracker465

 
I think you are failing to acknowledge the point I am making, though.  Whether RetroUSB or any other homebrew company likes it or not, they were not in existence during the NES/Famicom's heyday, period.  As such, their products are not period products, and can / should be viewed as aftermarket products.  Period.  I personally admire Brian and the wonders that he brings the community, and also appreciate the efforts of the other guys that develop and produce homebrew games; however, at the same time I feel that they should be viewed for what they are, aftermarket homebrew / fanmade products.  Let's face it, if there wasn't a Nintendo Age and noone gave a crap about Nintendo anymore, those games wouldn't be in existence.  They are a labor of love.

With that said, the games produced by companies such as Waixing, were produced for the purpose of making a living.  Those guys aren't big fans of the Nintendo.  They aren't fan projects.  And to consider them aftermarket products brings up the sticky situation I mentioned before:  

Waixing developed and published games in the late 1990s...these are unlicensed games.  The same company developed and produced games during the 21st century, and suddenly they are considered homebrew, even if the production team / company never changed?!?  It seems VERY silly to me, to make a distinction based on date, because something like the date of production is unable to encapsulate all of the relevent data, to distinguish between homebrew or not.  And the Waixing example is the classic example.  

So, how is it that one Waixing game should be considered a homebrew, yet the other should be considered unlicensed, if the company itself remains the same?  

 
In terms of the "making a living doing it"... isn't that what Brian does with RetroUSB?
I know that's what GreetingCarts seeks to do, and seems to be Piko Interactives core motivation, as well.

Those Chinese companies are not unique on that front.  (and I don't see why a developer being a fan of a system or console company matters, or not -- Brian loves SNES, but most of what he publishes is NES because that is what the programmers he licenses with develop for)




You really need to drop this tire straw man argument of yours about treating two sets of Waixing games different.
I never said that, and you know it, so stop putting words in my mouth.  It is a tiresome tactic and a weak argument.

I am saying the opposite.  That commercially produced "homebrew" are no different than those late-release Waixing games.  

That is, they are "unlicensed".






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Edited: 06/09/2015 at 10:56 AM by arch_8ngel

Jun 9, 2015 at 10:58:02 AM
arch_8ngel (68)
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Originally posted by: tracker465

I mean seriously, check this out:





So a company of this scope is to be considered "Homebrew", just because they released some games in the 21st century? It doesn't make sense, not at all..

DROP THE STRAW MAN ARGUMENT.


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Edited: 06/09/2015 at 10:59 AM by arch_8ngel

Jun 9, 2015 at 11:07:38 AM
arch_8ngel (68)
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Tracker -- let's frame the question this way:

What is your threshold for a NEW entrant to the NES (or any classic console) market to be "unlicensed" versus "homebrew".

SURELY there is some point that you'd say "hey these aren't just a couple of assholes tinkering in their home office".

In your view:
Is it a production quantity distinction?
Is it a staffing level distinction?
Is it a facility size distinction?
is it the "making a living" distinction? (because "real companies" lose money ALL THE TIME )


I mean, let's get ridiculous with the example and say Microsoft decides to make an NES game.
Even their game development wing is a multi-billion dollar corporation... but they weren't making NES games in during the life of the console.

Is that homebrew, to you? If the answer is "no" (which I suspect it should be) then what is your threshold?

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Edited: 06/09/2015 at 11:08 AM by arch_8ngel

Jun 9, 2015 at 11:15:43 AM
Vectrex28 (130)
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Unlicensed games were commercial games released during the NES' lifespan without a license.
Homebrew games are games made by bunnies, bandana-wearing freaks, Kevins, Swiss idiots and other fans of the console after the console's demise. As simple as that

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Edited: 06/09/2015 at 11:17 AM by Vectrex28

Jun 9, 2015 at 11:23:56 AM
arch_8ngel (68)
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Originally posted by: Vectrex280996

Unlicensed games were commercial games released during the NES' lifespan without a license.
Homebrew games are games made by bunnies, bandana-wearing freaks, Kevins, Swiss idiots and other fans of the console after the console's demise. As simple as that
The question is how do we square up the oddball companies like Waixing that didn't even make games during what WE consider the "life span of the NES" to actually be, but are apparently large companies that still make games today.



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Jun 9, 2015 at 11:26:51 AM
VGS_fcgamer (101)

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Originally posted by: arch_8ngel

Tracker -- let's frame the question this way:

What is your threshold for a NEW entrant to the NES (or any classic console) market to be "unlicensed" versus "homebrew".

SURELY there is some point that you'd say "hey these aren't just a couple of assholes tinkering in their home office".

In your view:
Is it a production quantity distinction?
Is it a staffing level distinction?
Is it a facility size distinction?
is it the "making a living" distinction? (because "real companies" lose money ALL THE TIME )


I mean, let's get ridiculous with the example and say Microsoft decides to make an NES game.
Even their game development wing is a multi-billion dollar corporation... but they weren't making NES games in during the life of the console.

Is that homebrew, to you? If the answer is "no" (which I suspect it should be) then what is your threshold?

Arch, I am talking about real life situations, realities, you are talking about hypotheticals.  

If I am understanding your argumetn correctly, you are saying that the late release Waixing games are not different from the homebrew games.  To quote what you said, below, so that you cannot argue that I am misrepresenting what you said:

"I am saying the opposite.  That commercially produced "homebrew" are no different than those late-release Waixing games. " - typed by arch_8ngel, 2015

They are very different from each other.  To put it simply, Waixing's games are period pieces, the homebrew games are not.  While it is true that some Waixing games were developed in the recent years, there were also many developed and published during the lifespan of the NES / Famicom.  Waixing had lawsuits, etc.  Thus although SOME of the Waixing games were produced later, after the NES / Famicom was pretty much dead, unless we want to break up continuity and say that half are homebrew and half are unlicensed (which is dumb imo), it is best to consider those games unlicensed.  The major difference, imo, is that they are period pieces.

The homebrew stuff, it has no relation to the original NES time, except for the fact that it was developed for and runs on the NES.  No ties to the NES heyday.  Etc.  Homebrew is aftermarket stuff.  

To put it in another way, I think homebrew / aftermarket games and unlicensed games can coexist at the same time, and here is why:

In China, the Famicom may not even be completely dead.  I know in Taiwan, from personal experience, that you can go into the grocery store and buy a Famicom clone w/ multicart.  Sure, it is not popular these days, but it can still be purchased, whereas the availability of NES products is limited to what, used items?  To me, this just shows exactly why a distinction such as date is  a poor one.  Even in Japan, they had Famicom Disk Writer services up until 2003, iirc, waaaay after the NES was discontinued.  So we cannot measure homebrew vs unlicensed on the basis of date alone, and likewise, it is a disservice to say that homebrew and unlicensed are all exactly equal with one another...

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Family Bits:  An Unauthorized, Complete Guide to Famicom, Dendy, and Pegasus

https://famicomfamilybits.wordpre...