The insane-for-Earthbound fansite Starmen.net claims to have some insider information about the problems behind Earthbound's no-show on the Virtual Console. The site is very serious about getting the game out somewhere, going to extreme steps for publicity. So we don't think it would lie about something of as much grave importance as the game's ESRB rating.
According to a new writeup on the site about the state of VC Earthbound, it's not coming. Like, ever. Legal issues, mostly with music licensing due to the preponderance of references to other works in the soundtrack, keep the game from being approved by Nintendo of America's legal department. And according to Starmen's source, the ESRB rating -- about which we rejoiced back in May -- was a mistake. A clerical error that nobody cared enough to correct. The ESRB went and rated the game, thinking that Nintendo wanted them to.
We're not entirely satisfied with this story. It handily explains why we haven't seen Earthbound in North America, but what about Japan? There didn't seem to be legal issues around the Mother 1&2 GBA release, and Earthbound is actually popular enough there to sell on the Virtual Console.
Reader Comments (33)
Posted: Feb 16th 2009 1:52PM (Unverified) said
Denial... it ain't just a desert in Scaraba. :(
Posted: Feb 16th 2009 3:53PM (Unverified) said
Um... I think may misquoted that JUST slightly. ;)
Reply
Posted: Feb 16th 2009 5:11PM (Unverified) said
whoops! "I think may" have too. oh well. Good thing it's on the internet where nobody points out the mistakes of others.
desert = river
Reply
desert = river
Posted: Feb 16th 2009 1:59PM Maxx the Slasher said
No, the reason America never got Earthbound on the Virtual Console is the same reason we never got the Mother 1 & 2 and Mother 3 on the GBA: Nintendo is robbing us. They'd rather metaphorically hook a car battery to our gonad pouches and jolt them up than release a game series in a region despite the fact they WILL make money by doing so. Nintendo of Japan hates America (as do all Japanese people in general), so they wont release Mother in America.
Posted: Feb 16th 2009 2:53PM guttertalk said
Yeah, I can see them plotting now--"We need to show how much we hate the U.S. I've got it! No Earthbound for America!!"
Reply
Posted: Feb 16th 2009 3:15PM (Unverified) said
Of course! It's a brilliant plan. Instead of taking American's money, drive them to download the game for free or pay someone that is not nintendo for a used copy!
Those crafty Japanese.
Reply
Those crafty Japanese.
Posted: Feb 16th 2009 10:57PM JoshMilewski said
Well, what did you expect to hear from a Mother fan by this point?
I'd be pretty damn pissed off too...
Reply
I'd be pretty damn pissed off too...
Posted: Feb 16th 2009 2:06PM (Unverified) said
What happened to you Nintendo? You used to be COOL.
Posted: Feb 16th 2009 2:17PM hobbykitjr said
is it a sign that i just Finished Earthbound last night for the first time?
I homebrewed the Wii to play this, i wanted to beat it in time for the MOTHER 3 Fan translation (which im waiting for my guide and keychain to show up before i do)
I must say i'm very impressed and theres many RPG elements there way ahead of their time and some that have yet to be implemented in modern titles.
Also the most complete closure in any game. You could spend over 2 hours after beating the last boss talking to people, seeing how the world has changed cause of you.
I homebrewed the Wii to play this, i wanted to beat it in time for the MOTHER 3 Fan translation (which im waiting for my guide and keychain to show up before i do)
I must say i'm very impressed and theres many RPG elements there way ahead of their time and some that have yet to be implemented in modern titles.
Also the most complete closure in any game. You could spend over 2 hours after beating the last boss talking to people, seeing how the world has changed cause of you.
Posted: Feb 16th 2009 3:56PM (Unverified) said
You have greater willpower than I. I was waiting for my guide and keychain as well, but when they announced it'd be pushed back to March, I gave in and played it. Rest assured, you will not be disappointed.
Reply
Posted: Feb 16th 2009 2:29PM Borzen said
No!! Earthbound was one of the FIRST RPG's I played that I didn't realy care what was going on and the random battles I didn't relay mind. Since I dont have a SNES and cant find a Legal Rom anywhere I guess now I am screwed, thanks Nintendo for letting a fan down.
Posted: Feb 16th 2009 3:31PM (Unverified) said
How bullshit, it really doesn't excuse japanese releases.
Posted: Feb 16th 2009 2:26PM Mr Khan said
Interesting. That could also explain EarthBound's absence from Brawl's list of Classics
I knew there had to be a rational explanation. At the end of the day, Nintendo just wants to make money. They wouldn't pass up an opportunity to make some easy cash by releasing something heavily demanded if there wasn't a challenge of some sort in the way
Which isn't to say they couldn't resolve the music licensing issues by paying off some royalties and slapping an extra $2 on the VC price or so, but at least it reveals a reason for them to not do this beyond laziness
I knew there had to be a rational explanation. At the end of the day, Nintendo just wants to make money. They wouldn't pass up an opportunity to make some easy cash by releasing something heavily demanded if there wasn't a challenge of some sort in the way
Which isn't to say they couldn't resolve the music licensing issues by paying off some royalties and slapping an extra $2 on the VC price or so, but at least it reveals a reason for them to not do this beyond laziness
Posted: Feb 16th 2009 2:34PM therandomizer said
*Sigh* Nintendo....! 反米差別野郎どもめっ("Racist anti-American buttheads").....Why must you screw with us? Why can't you release games people actually care about; not twenty versions of Monster Boy (?) or Life Force? Hmm? No thanks to this "decision" people like me have resorted to downloading the game and emulator, loading up the Twilight Hack, turning off WiiConnect 24 (to prevent them from killing homebrew) and "unofficially" playing Earthbound! HA! How do you like that!? They can't do anything about it, can they!? If the copyright issues were so bad, why didn't they look back 15 years when it was released? Nintendo owns the rights to they game, do they not? Didn't we see the same reason why Mario RPG wasn't released for long time? There werr licensing issues, but Nintendo/Square Enix worked it out and that got released, right? Certainly, out of all companies, Nintendo would definitely be able to resolve them, or am I wrong? Looks like someone over there tends to fail to communicate. If Nintendo really wants piracy to end, they should use a method that doesn't involve a way that hackers can't find a way around (i.e. wii system update) and release the bloody VC game already.
Posted: Feb 16th 2009 3:02PM (Unverified) said
Oh no, now Nintendo's DOOMED! They will never recover that $8 they lost. How dare you
Reply
Posted: Feb 16th 2009 2:45PM The Wicker Man said
Confirmed i will never buy a wii. wtf nintendo how many people have to beg? how bout we preorder in advance?
Posted: Feb 16th 2009 2:45PM (Unverified) said
It's not NIntendo's fault that they can get in legal trouble, and NoJ are always prideful of their projects cause their Japanese.
Posted: Feb 16th 2009 3:19PM SitriStahl said
well, i still have my EZFlash, mother 3, and SNES emulation here i come
Posted: Feb 16th 2009 3:37PM justinslot said
I'm also curious about JC's final question up there--I mean we're living in an era of international trade agreements, if it violates copyright in America it probably violates copyright in Japan. Possibly Nintendo thinks if they just keep it in Japan the American copyright holders won't ever notice (and they're probably right.)
Posted: Feb 16th 2009 3:51PM (Unverified) said
VC is getting a lot worse...
They never gonna release any N64 Games!...
They're worrying about crud hole games...
They never gonna release any N64 Games!...
They're worrying about crud hole games...
Posted: Feb 16th 2009 5:16PM (Unverified) said
you mean besides all those N64 games they've released?
Reply
Posted: Feb 16th 2009 4:56PM phenylketonurics said
Huh, the soundtrack is the problem? I'm impressed with how solid the music in the game is -- that drum synth used throughout is intense. It has a very unique sound compared to the others of its time. Get down on that 8-bit composition~
But seriously, very strange that the game isn't even considered for release in Japan. I think the game's pretty popular over here because of it's follow-up titles.
But seriously, very strange that the game isn't even considered for release in Japan. I think the game's pretty popular over here because of it's follow-up titles.
Posted: Feb 16th 2009 5:39PM (Unverified) said
It's understandable due to legal and licensing issues, so it's fair,l somewhat, I guess.
Posted: Feb 16th 2009 5:51PM (Unverified) said
That is complete and udder ********. I've played it on SNES back in the day i was hoping for a VC release, let alone a mother 3/earthbound 2 release to no avail.
Nintendo has been raking in the money since the wii dropped, they're making hand over fist and cannot be bothered with release a meesly game on VC.
This. Is. Horrible.
Reggie your "I'm about kickin' ass, I'm about takin' names, and we're about makin' games." moniker has been revoked. FAIL.
Nintendo has been raking in the money since the wii dropped, they're making hand over fist and cannot be bothered with release a meesly game on VC.
This. Is. Horrible.
Reggie your "I'm about kickin' ass, I'm about takin' names, and we're about makin' games." moniker has been revoked. FAIL.
Posted: Feb 16th 2009 6:23PM (Unverified) said
Reading most of these comments, I am betting most everyone HAS NOT READ the reason why NoA can't release it as much as they WANT TO.
Posted: Feb 16th 2009 8:56PM (Unverified) said
This, if in fact true, is very frustrating, primarily because there is nothing illegal about the supposed "preponderance" of references to other music in the soundtrack. The closest thing to something iffy is the use of a brief Ric Ocasek sample, and even that would pass parts 3 and 4 of the U.S.'s fair use doctrine (section 107 of our copyright law) with flying colors (all 4 points are negotiable). Remember, Earthbound was published in North America in 1995. After 14 years of non-litigation, Ocasek would be ballsy and hard-pressed to show that, now, suddenly, the artistically altered, miniscule 4-5 second sample of a non-melodic part of one of his songs featured in Earthbound has caused significant detriment to his ability to profit from the work in question. Far more egregious samples in pop music, film, and television have flourished without challenge in our culture.
And all of the supposed Beatles "infringements" I've been reading about are absolute pretense. At worst, some things that are described in the lyrics of Beatles songs may have influenced characters or events in Earthbound, but even so, that would be nowhere near anything illegal. It's not illegal to take influence from something. I have not heard any convincing example of any Beatles music being "lifted" for use in Earthbound.
I don't buy this excuse.
And all of the supposed Beatles "infringements" I've been reading about are absolute pretense. At worst, some things that are described in the lyrics of Beatles songs may have influenced characters or events in Earthbound, but even so, that would be nowhere near anything illegal. It's not illegal to take influence from something. I have not heard any convincing example of any Beatles music being "lifted" for use in Earthbound.
I don't buy this excuse.
Posted: Feb 16th 2009 10:01PM (Unverified) said
Meh... tonight I will play my SNES copy of EB!!
Posted: Feb 17th 2009 12:11AM therandomizer said
I find it odd and cryptic that the ESRB hasn't removed the entry from their site yet...
Posted: Feb 17th 2009 9:53AM omdata said
Dear Nintendo,
Bite me.
Sincerely,
Matt
Bite me.
Sincerely,
Matt
Posted: Feb 17th 2009 11:34AM NutMan said
That sucks. I hope they do a DS version of Mother 3(or Earthbound...) because I wanna play those games badly.
Posted: Feb 17th 2009 7:22PM (Unverified) said
@Atlantis1982: Surprised? How many respondents do you think EVER read and reply to more than just the headline? I think people are more likely to respond to other comments than to any actual article, on any site, ever.







