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3 minutes ago, the_wizard_666 said:

3 - That wouldn't be accepted in small claims court, nevermind the Supreme Court.ย  Without some evidence to support the statements, unless he had literal first hand knowledge because he packed the orders, his recollection of events is simply not relevant.

4 - Action 52 came later, and was viewed (at least by Active Enterprises) as a premium product with an MSRP of like $200.ย  That's a far cry from a $20 budget title put out earlier with far less marketing behind it.ย  Precedents are only useful for guidance, not an absolute statement.ย  And like I said, who's to say it wasn't just packed in a plain brown box and not repacked when shipped?ย  A lack of a retail box doesn't mean it never came with one.

erniefp.jpg

3 minutes ago, the_wizard_666 said:

To be fair, I don't think anyone else gives enough of a shit to even read the thread at this point ๐Ÿ˜›

You're probably right ๐Ÿ™‚

Edited by Dr. Morbis
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5 minutes ago, OptOut said:

Oh, I'm still here! ๐Ÿ˜‰

Excited The Goldbergs GIF by HULU

Well speak up man!ย  Jeez!

ย 

4 minutes ago, Dr. Morbis said:

erniefp.jpg

Cuz THAT'S a solid rebuttal...

All I'm seeing from you is a lack of any real desire to consider possibilities outside of your narrow field of view.ย  Your flippant dismissal of my theories (which are in no way presented as truth), coupled with your inability to provide any sort of compelling evidence to support your position aside from hearsay, makes me feel like referring you to my avatar as well.ย  But hey, if you weren't as stubborn as you are, you wouldn't be you man.ย  Also kinda miss having these arguments in person...weekends are a bit boring now ๐Ÿ˜›

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9 minutes ago, the_wizard_666 said:

Well speak up man!ย  Jeez!

ย 

Cuz THAT'S a solid rebuttal...

All I'm seeing from you is a lack of any real desire to consider possibilities outside of your narrow field of view.ย  Your flippant dismissal of my theories (which are in no way presented as truth), coupled with your inability to provide any sort of compelling evidence to support your position aside from hearsay, makes me feel like referring you to my avatar as well.ย  But hey, if you weren't as stubborn as you are, you wouldn't be you man.ย  Also kinda miss having these arguments in person...weekends are a bit boring now ๐Ÿ˜›

I listed four irrefutable facts on the last page for which logical conclusions can be drawn from by reasonable men.ย  You just mentioned small claims court and the Supreme Court in your last post.ย  I can't argue with you anymore because you've taken it to a ridiculous level that I'm not willing to meet you on.ย  You don't want to believe the one person who has spoken on this matter on the entire internet who was actually there!!ย  Think about that for a minute... seriously!ย  I don't believe you even want to know the truth; you just want to argue.

Well let's just agree to disagree so we can both move on with our lives... ๐Ÿ™‚

Edited by Dr. Morbis
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4 minutes ago, Dr. Morbis said:

I don't believe you even want to know that truth; you just want to argue.

Sometimes I wonder that myself ๐Ÿ˜†

You listed four "irrefutable" points that I proceeded to refute.ย  And the fact is that his testimony isn't an eyewitness account.ย  Unless he was in the order fulfillment department, there's no way he could have known what was and was not sent out the door.ย  Whether they were intended to get out the door or not is irrelevant - they 100% DID make it out the door.ย  I used the court analogy simply because even one's first hand experiences are tainted by bias and perspective.ย  And since he's commenting on a department he had nothing to do with, that perspective is flawed by being considered secondary, or even tertiary, knowledge.ย  He's likely not lying, but that doesn't make what he's saying true by default.ย 

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1 hour ago, the_wizard_666 said:

That's clearly an end-of-run cost cutting measure, but it's also a cartridge variant that exists in sufficient quantities to warrant including it as a known variant vs a one-off.ย 

Evidence it's a cost cutting factor?

Did they really sell that many carts to warrant that second run? Iirc, the labels were even glued on by hand.

Unless someone opens them and compares chip dates, these could have just as easily been demonstration copies, especially as it was a bunch of doctors running that outfit.

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1 hour ago, Dr. Morbis said:

- Trial law is built, in part, around examing and cross-examining human beings, with the understanding that you are taking what the person is saying on good faith.ย  You can dismiss this man's particular testimony in this case if you want, but I have no reason whatsoever to believe he is lying or would have any reason to lie.

It's not about lying, it's about remembering something trivial like that 20 years later. There's other false things listed in that article too.

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2 minutes ago, OptOut said:

Well, on the one hand, I am kinda siding with @Dr. Morbisย because he is handsome, and strong.

But, then again @the_wizard_666ย is strong, and handsome, so honestly I'mย torn!ย ๐Ÿ˜…

What, did I not argue hard enough to get my own mention?

Pfft.

Fine, I'm starting my own controversial thread now.

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Just now, fcgamer said:

Evidence it's a cost cutting factor?

Did they really sell that many carts to warrant that second run? Iirc, the labels were even glued on by hand.

Unless someone opens them and compares chip dates, these could have just as easily been demonstration copies, especially as it was a bunch of doctors running that outfit.

They may have had an issue with the labels at some point and changed them.ย  We don't even know which one came first.ย  But it's entirely feasible that they had one run with colour labels, then another without.ย  It's also feasible that they received a batch of colour labels, found a cheaper alternative, and then did the black and white.ย  It could also have been that the black & white came first, and they sold better than expected, and had to source new labels, at which point they opted for a prettier colour label.ย  But regardless of what happened, that's a whole other investigation.ย  One at a time man ๐Ÿ˜›

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3 minutes ago, Dr. Morbis said:

Yeah, only one of us is ridiculously good looking; the other one is.... well...... not so much!ย  ๐Ÿ˜›

Yeah, but which one.ย  One of us has a glorious dad bod.ย  The other is a toothpick.ย  Also, only one of us has had a date in the last decade ๐Ÿ˜‰๐Ÿ˜›

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7 minutes ago, ThePhleo said:

What, did I not argue hard enough to get my own mention?

Pfft.

Fine, I'm starting my own controversial thread now.

It should be about why you don't count the Aladdin's, which were sold on a home shopping network, which is analogous to mailorder, but you do count Action 52, which was exclusively sold by mailorder (unless someone has confirmation that it too was sold in stores?!?)

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Just now, Dr. Morbis said:

It should be about why you don't count the Aladdin's, which were sold on a home shopping network, which is analagous to mailorder, but you do count Action 52, which was exclusively sold by mailorder (unless someone has confirmation that it too was sold in stores?!?)

Yeah, that's just crazy talk ๐Ÿ˜›

The Aladdin carts should technically count as a separate thing tbh, much like the Famicom Disk System is separate from the Famicom, or the 32X is separate from the Genesis.ย  The Aladdin was basically an add-on, thus the software is specific to the add-on and not the original system.ย  Case closed.

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2 minutes ago, the_wizard_666 said:

Yeah, but which one.ย  One of us has a glorious dad bod.ย  The other is a toothpick.ย  Also, only one of us has had a date in the last decade ๐Ÿ˜‰๐Ÿ˜›

One of us has lustrious golden locks, the other has about as much hair as your avatar... think about that!

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2 minutes ago, Dr. Morbis said:

It should be about why you don't count the Aladdin's, which were sold on a home shopping network, which is analagous to mailorder, but you do count Action 52, which was exclusively sold by mailorder (unless someone has confirmation that it too was sold in stores?!?)

Wait, when were they sold on HSN?

My understanding is that they went unsold because the company went bankrupt before they managed to get them out of the door.

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3 minutes ago, the_wizard_666 said:

Yeah, that's just crazy talk ๐Ÿ˜›

The Aladdin carts should technically count as a separate thing tbh, much like the Famicom Disk System is separate from the Famicom, or the 32X is separate from the Genesis.ย  The Aladdin was basically an add-on, thus the software is specific to the add-on and not the original system.ย  Case closed.

Agreed, but the plot thickens for Dizzy though, since it came bundled and, as a standalone product, is 100% compatible with the NES...

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Just now, Dr. Morbis said:

Agreed, but the plot thickens for Dizzy though, since it came bundled and, as a standalone product is 100% compatible with the NES...

I wouldn't call that a caveat though.ย  It still requires the Aladdin to play it.ย  No Aladdin, no Dizzy.ย  It'd be like if Nintendo launched the Disk System here and had SMB/DH as the pack in for the Nintendo Disk System rather than the console itself.ย  Because you would need to play the game through the adapter would make it a Disk System game, regardless of whether or not it came with every Disk System.ย 

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2 minutes ago, ThePhleo said:

Wait, when were they sold on HSN?

My understanding is that they went unsold because the company went bankrupt before they managed to get them out of the door.

98% of the ones in collectors hands today are/were sealed unsold inventory.ย  A small fraction were sold on Home Shopping Network around 1994 (assuming they made at least a single sale - which is a conclusion I'm willing to jump to), so technically they were a legit release available during the NES era.

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2 minutes ago, the_wizard_666 said:

I wouldn't call that a caveat though.ย  It still requires the Aladdin to play it.ย  No Aladdin, no Dizzy.ย  It'd be like if Nintendo launched the Disk System here and had SMB/DH as the pack in for the Nintendo Disk System rather than the console itself.ย  Because you would need to play the game through the adapter would make it a Disk System game, regardless of whether or not it came with every Disk System.ย 

Yeah, I can't disagree; I only bought them twenty years ago because of Etler's list, so they've always been grandfathered in.ย  But they probably should only count with an asterisk, much like the 32x for Genesis.ย  Bottom line, if you love collecting NES games, why not pick them up as a cool little oddity on the side?ย  Plus it's the only way to play 250 Star Fantastic Dizzy!

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