The Pandora’s Box of Copyright

There’s been a really recent new development in the world of Chinese Pandora’s Box maker 3A Game. If you’ve made any attempt to purchase a Pandora’s Box 5 or 6 recently – say, in the last 2-3 months – you may have noticed something unexpected.

NOTE:Dear friends, due to the copyright reasons of the game, from now on, our Pandora Box 5 and Pandora Box 6 Arcade Version and Family Version (including console) series of U-disks no longer contain game files. If you purchased it and found no game files, You can contact the customer service staff to help you.
We feel sorry for any inconvenience caused to you. Thank you!

-3A Game Store ad on their Aliexpress store page.

This is… kind of odd and unexpected. China’s basically seen in the West as a lawless place where copyright is laughed at openly. Indeed, one of the biggest reasons why Pandora’s Box and their clones have been popular is because of it being a complete plug-and-play experience. There’s no need to dick around with not being sure if you have the proper version of ROMs when they are all provided by the company on it’s “U-Disk” USB sticks. Odder still is that all the Chinese companies creating clones and fakes don’t seem to be having any trouble and are throwing ROMs around with impunity, as you might expect.

It appears that 3A Game believes it can avoid any sort of legal liability by simply not putting the ROMs on the USB stick, but by sending customers a link to Google Drive that contains all the ROMs needed. Indeed, even their official YouTube channel features the above quote along with the link to the ROMs on Google Drive *directly* after it. I don’t know how they think that this is any better for them from a legal standpoint but at least it’s not *that* much more painful for the customers, I suppose.

The copyright warning as seen on 3A Game’s Aliexpress store page.

A Personal Theory

I’m going to preface this by saying that I know absolutely nothing at all about Chinese copyright law so this is a complete shot in the dark here.

I think that this is happening now partially because of the Chinese finally¬† lifting the ban on video game home consoles in 2015. I would not be shocked or surprised at all if 3A Game’s sudden change of heart was caused by those game companies now coming into the Chinese marketplace in the last few years and starting to exercise their newfound legal muscle. Why would anyone want to pay top dollar for the true original console and games when they can get them far cheaper on the black market? With Nintendo being the most traditionally litigious, I can easily see them arriving into the Chinese market with the WiiU or Switch and then going after these companies for including Vs. Super Mario Bros and Donkey Kong on all their pirated multi-game arcade PCBs and game consoles.

It just seems odd to start doing it during Summer 2018.