January 12, 2009 10:01 AM PST

CES vendors showing off shady old-school console emulators

by Jeff Bakalar

One of the interesting trends we saw at the lackluster gaming showcase at this year's CES was an abundance of Nintendo, Super Nintendo, and Sega Genesis hardware manufactured by third-party companies.

Some booths, which preferred to remain nameless, were showcasing 3-in-1 portable players as well, with slots to play all the above-mentioned consoles. All you need are the original game cartridges.

Perplexed as to how this kind of blatant patent infringement could possibly be tolerated, we asked these booth reps, "How can this be legal?" One booth rep immediately told us that "the patent for these consoles has since expired, essentially making it a free-for-all." At a different booth, a clearly uninformed rep responded, "As far as I know, all this is Kosher."

But is it? A while back in 2005 a Gamasutra article disclosed some research and uncovered that simply because a patent is expired doesn't mean protection of the patent has also. So what are these guys even doing at CES in the first place?

We'll be in touch with Nintendo for some further explanation and a statement, but as far as we can tell, some of these vendors appear to be breaking the law with these devices. We'll update this story once we hear back.

Meanwhile, check out our slide show highlighting some of these suspect products for sale from various vendors on the showroom floor.

Recent posts from CES 2009
3D is coming to a living room near you
Haier launches new line of Rhapsody Ibiza players
Alpine KTP-445 Power Pack adds easy amplification
CES 2009: Computers and hardware wrap-up
CES 2009: Home audio wrap-up
CES post-show wrap-up: HDTV
CES 2009 home video wrap-up
CES 2009 wrap-up: What killed in the monitor category
Add a Comment (Log in or register) (4 Comments)
  • prev
  • 1
  • next
by rwbuck January 12, 2009 11:11 AM PST
"simply because a patent is expired doesn't mean protection of the patent has also expired" - actually it does. The article cited makes no such statement. You could say that "simply because a patent is expired doesn't mean protection of the product has also expired." As the IP attorney pointed out...there are some patents that haven't expired, there are foreign patents that haven't expired and there are copyright and trademark protections for other intellectual property interests. But when a patent expires...it does actually expire...that is sort of the point...
Reply to this comment
by i8246i January 13, 2009 5:28 AM PST
The patent has expired, and so has the ability for Nintendo to protect those patents, but Nintendo still has copyrights to certain parts of the NES console and its cartridges, and COULD sue these third parties into oblivion and win.

The real issue here is: why would Nintendo care? The Virutal Console's library (while being very slow to update), contains many old classic games for the NES, SNES, N64, Genesis, Master System, Turbographix, etc...and all you need to play all of these old great games is a Wii (and possibly one extra accessory if you don't own a Gamecube controller). No dragging out old components that may or may not work anymore (like my 7800 [r.i.p. old friend]), dealing with cartridges that might be missing or damaged (HAL hole-in-one golf, I barelly knew ye)...and then there's the ever-popular problem of dust entering the cartridge or system (and the original NES having troubles with its cartridge loading springs and locks that held the games in their place...if those went bad you weren't playing anything!)...and then you have to find a way to get yet another legacy machine to work with newer components (coax adaptor my old friend....I've come to speak with you again). Oh, and you also have to make sure you can FIND a copy of the old game you want to play, and hope that you can AFFORD IT (local slackers was selling Secret of Mana for $45...now you can get it for about $10 and not have to worry about the useless multi-tap adaptor for the SNES to play with 3 people!).

And as for other cartridge systems and their companies...well, only Sega still really exists at this point, and they've ported their old games onto just about every other system imaginable (Sonic the Hedgehog has so many variants.....there's even a standalone device you can plug straight into your tv!). All the other systems either totally died out, or were bought by or merged into another entity that no longer cares about their rights belonging to their own system.
by DIY-Rom-Arcade January 22, 2009 7:47 AM PST
I feel as though fans that are likely to still own the original cartridges needed to use these systems would probably own the original console system as well. It?s part of the whole experience. For those who do not, they are probably gaming on their Wii, or PC with Emulators as the user above mentioned.
Reply to this comment
by forestryee January 26, 2009 2:26 PM PST
Actually, I can see an aftermarket forming. I have all above mentioned systems, but I like the idea of new controllers and not using the actual systems. It just saves the actual systems from being over used. Also, It might encourage aftermarket development for games for these systems.
Reply to this comment
(4 Comments)
  • prev
  • 1
  • next
advertisement

CES awards and nominees

Best of CES, 2009

Best of CES and People's Voice Award

Since 2006, CNET has presented the Best of CES Awards, given to the top product in 10 categories as well as one coveted Best in Show award. See the gadgets that topped our list for this year, and find out the People's Voice winner, decided by more than 10,000 member votes.

LATEST FROM MACWORLD

DJ app for Microsoft Surface

Posted by Matt Rosoff July 3, 2009 5:21 PM PDT

Blogging live from Spiral Jetty

Posted by Daniel Terdiman July 3, 2009 3:26 PM PDT

Employee shot, wounded at Virginia Apple store

Posted by Leslie Katz July 3, 2009 2:25 PM PDT
See our full Macworld coverage

RSS FEEDS

CES 2009 Awards


Best of CES and People's Voice Award

Since 2006, CNET has presented the Best of CES Awards, given to the top product in 10 categories as well as one coveted Best in Show award. See the gadgets that topped our list for this year, and find out the People's Voice winner, decided by more than 10,000 member votes.

See all CES 2009 coverage


About CES

The Consumer Electronics Show (CES) is the world's largest consumer electronics trade show. CES 2009 is scheduled for January 8 through 11 in Las Vegas, and it will feature thousands of exhibitors showcasing their latest tech products. CNET's team of reporters and reviewers will be at the show, covering technology's heavy hitters and previewing thousands of products before they are released to the public.

Each year, CNET, in partnership with the Consumer Electronics Association, produces the Best of CES awards at the International Consumer Electronics Show. The CNET editorial team recognizes the best new products at the show with awards in 10 categories, an overall Best of Show award, and the People's Voice award, which is selected by CNET's online audience.