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I didn't want make this into a debate about ethics, legality, and everything in between. I just wanted to provide a point of view from the other side, regardless of what's right or wrong and what's technically legal or not. Basically, the effect it can have on the homebrew/hacker/coder/whatever. I did contact Tobias. He explained that he purchased it as a prototype from Japan Yahoo actions. And I did see the auction (there were two, one went for $1500 IIRC). Basically, there was no legal recourse I could take. He offered me (either money or copies) in return, but I declined. Sure, I'm providing the rom/game on my site (even if altered) and in that respect contributing to the supposed loss Capcom endures from pirates roms (measure that how ever you will), but I can't in good conscience take money for this. My work, although my own, cannot be separated from the game itself. Technically, I could probably sell the 'patch' (you dump your own cart), but that's not the same thing nor desirable as owning a professional package or pressed CD. I didn't expect him to not sure what he already put money up for (cost of production, cost to have the manual/covers/art developed), but I did expect him not to publish any more (or any of my other stuff). To this day, he has not AFAIK. I did request something in return from him; that since he profited from community work - he should give back to the community; I asked that he make the covers and manuals free to download for the community. I never got a reply back, and he never did this. So there's your story (to the best of my memory).
I've said this before and I'll say it again, I don't hold any grudges for any gamer that purchased the copy of MM. I understand the desire to have package game like that VS just some CD-R (although his turned out to be just CD-Rs in the end anyway). I understand that many gamers tend to look at this as a 'service' to the retro gaming community. That's debatable. I'm also not against doing a community pressing either (something non-for-profit). I do understand that some will attempt to resell it for more or whatever. I'm not concerned with that; you do what you want with your own property. If it got to the point of that getting out of hand, then I simply wouldn't do/allow anymore. If I work on a joint project with someone though, I can't speak for them.
Anyway, stepping outside of all of this - I find it this discussion/debate about providing services VS amount of profit involved.. fascinating. Nothing is ever black and white. A what point does making too much profit negate the protecting status of 'just providing services to the community'. I definitely don't have a clear answer, to where that point should fall.
(sorry in advance for any grammar mistakes; wrote this right before class)