Re:Show HN: Play multiplayer and singleplayer NES games online
by micahbright on Tuesday April 25, 2017 @02:30PM
(#14196610)
> But then how would you prove you owned the original in the first place?
Are we arguing about how it ought to work now? I'm just telling you how it does work. Burden of proof is on the plaintiff, so no one has to prove that they owned a copy of anything unless for some reason the burden of proof changes at trial. You could make the claim in your example and get away with it. That's why few of these cases are substantiated.
But then how would you prove you owned the original in the first place?
I could claim to have at one point owned every Sega Genesis game but unfortunately set the box down while moving and ran it over with a truck while backing out the driveway. I of course did not keep this box of now shattered carts and I also bought it with cash from a man on Craigslist so there really isn't a paper trail.
Is there a court case within the last 10 years we can reference that dealt with this kind of situation of once owning the original but it ended up destroyed?