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Is selling prototype games legal?

 
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therealmindsett
Tomy Blip


Joined: 09 Nov 2009
Last Visit: 17 Nov 2009
Posts: 2

PostPosted: Mon Nov 09, 2009 2:37 pm    Post subject: Is selling prototype games legal? Reply with quote

Hi, I have had some Nintendo EEPROM and flash carts for the gamboy and other nintendo systems. They are just like the ones in the "developer kits" section. I may at some point want to sell them, but does anyone know if it is legal to sell them/can you sell them on Ebay without getting in trouble with Nintendo? I mean, they don't make gameboy games anymore so it should be Ok right? Does anyone know the the law on this?

Smile
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Rik
Site Admin


Joined: 07 Oct 2005
Last Visit: 27 Apr 2025
Posts: 1933
Location: California

PostPosted: Mon Nov 09, 2009 6:39 pm    Post subject: Reply with quote

Legally, that's probably a gray area. Prototypes are supposed to be returned to the game company that made them usually... Although some of those companies may no longer exist.

In practice, I see Gameboy through N64 proto and EEPROM carts on eBay all the time... Like these:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=320444057289
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=320444057535

Sometimes eBay will pull auctions that are listed as 'prototypes', but I haven't heard of anyone getting in trouble legally for selling them.

Protos for current systems might be a little different though. And Microsoft seems to be a little protective of development hardware, so be careful with that (Xbox devkits and such).
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therealmindsett
Tomy Blip


Joined: 09 Nov 2009
Last Visit: 17 Nov 2009
Posts: 2

PostPosted: Tue Nov 17, 2009 1:35 pm    Post subject: Reply with quote

Thanks for the response Rik... I also have some Virtual Boy prototype games and some actual NES prototype games made of heavy metal too (real metal, not the rock n roll kind) Smile Do you have any Virtual boy prototype games?
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