Phoenixmgs said:
Nintendo proclaims downloading ROMs is horrible and they did it themselves.
You're kind of missing the point here.
Nintendo says downloading roms is horrible, because you're getting access to their intellectual property without paying them for it.
Nintendo downloading a rom to resell on the other hand, is them getting access to their OWN intellectual property and selling it.
Is is lazy? Yup. Is it kinda hypocritical? Yeah, I guess. But illegal? Considering there's the traditional "out" of "You can use a rom if you own the game", you'd think the people who actually own the copyright to the game will be able to do whatever the heck they want with a rom of their own game, no?
I doubt Sony has made any money off that copyrighted song. Who watches that trailer and buys the game because of the song?
I can't check myself, but apparently that trailer is monetized.
That and Sony hits videos with copyright claims for having Sony game footage in it (regardless of fair use), only to then turn around and allow a game to sell itself using someone else's music with no credit given at all for it being used in a commercial manner, which hews a little closer to hypocritical and illegal than the Rom thing, IMO.
Now, ultimately, it's not blatant hypocrisy and illegal because Black Tiger is technically some kind of third party thing...But considering how Sony seems awfully protective of it for some weird reason, it gets considerably more attention than a regular third party crap indie game gets.
Ultimately, I can't pass judgement on either company for either of these things, aside from a disappointed shake of the head, really.