Originally Posted by
goldenband
The defense used by fan translations isn't so much that it's "just for fun", but that by only distributing patches, you're encoding the differences between the unaltered and fan-translated versions of a game, without actually distributing any copyrighted content yourself.
In other words, the patch contains no copyrighted material, at least in theory (I think IPS sometimes messes this up, but BPS and XDELTA don't). It's not even a derivative work, since there's no "work" in the patch itself -- there's nothing there to play or view, it's meaningless information except in a very specific context.
As soon as pre-patched versions of games start getting around, that argument is badly undermined. And full-fledged repros of fan translations paint a target on the translators' backs: not only do they get no compensation for their work -- while others do make a buck from their work -- but if the IP owners start looking for a scapegoat, the translators are likely targets.
And fan translators can't "try selling them" themselves, because that's a pretty straight shot to a copyright infringement lawsuit (or worse), with no defense. There's no difference between that and being one of those people who sold PlayStation games on cheap CDRs in the late 1990s -- which is basically what unauthorized repro makers are, just with better packaging. People like Piko have had some luck getting a few companies to authorize official releases, but that takes a lot of time and money.
That's why ROMHacking.net is so adamant about only hosting patches, and why many people there get annoyed when pre-patched ROMs and ISOs are distributed. That said, the process of patching CD games can be a horrendous pain in the ass, with Windows-only patching programs that are super-picky about the ISO you use. I've almost always looked to ROM sites for pre-patched ISOs for anything on disc-based systems.
BTW I'm personally much more interested in reproduction manuals than repro carts or discs. I don't really see the charm of a fancy-looking CDR, since I can burn one myself, and chances are I'm using better-quality media than the repro maker anyway. If it's an actual glass-mastered CD (as is the case with some pirates and a few fan reproductions), I guess that'd be different.