Today, most video game companies
use emulation in some form. But before emulation went mainstream,
it had a seedy reputation. It existed in a legal grey area and was hardly
mentioned by video game news outlets. It was relegated to the video game underworld. But as more and more people
bought personal computers, video game emulators enjoyed
a small but growing fanbase. To put it simply, emulation uses
software to mimic hardware. So, for example, gamers could play
Super Mario Bros. on their computer without owning a Nintendo Entertainment System. Early emulation software was glitchy, but it was free, and it exposed people all across
the world to new games. North American gamers played titles never
released in their continent, fully translated. Players also got an inside look at how much
games changed during the localization process, especially the Nintendo titles. But was it all legal? Well, people weren't sure, but they
weren't sure if it was illegal either. News and updates came via message
boards, chat rooms, or just word of mouth. In 1994, a new beast entered the
industry: The Sony PlayStation. The PlayStation was Sony's first video game console, and it was one of the most
technologically advanced on the market. By 1997, PlayStation emulators began appearing on
the Internet in a form of PSEmu Pro and Psyke. However, these emulators didn't stack
up well against the PlayStation. They suffered from compatibility
issues and were updated infrequently. Sony wasn't worried at all. The average video game player
didn't even know about emulators. Sony figured emulation was too niche
and complex for the average consumer. But that all changed in 1999 when two companies developed PlayStation emulators
for commercial release: Bleem and the Connectix Virtual Game
Station stood out from the crowd. They were ready for prime time, and they weren't free. Suddenly, Sony didn't feel so safe,
and took both companies to court. Bleem and Connectix took Sony head-on,
and surprisingly, they won! But it was a classic case of money is power. In the end, Sony's persistent litigation and
clever tactics ultimately killed both products. But their fight changed emulation forever, and
brought it out from the shadows of video game culture. We begin with a look at the
Connectix Virtual Game Station. In the world of Macintosh, the
Connectix company was a rule-breaker. Formed in 1988, Connectix was best
known for their Virtual PC software, which allowed Windows to run on a Mac. In 1998, programmer Aaron Giles joined the company. He worked previously on Mac ports of various titles
for LucasArts, but his passion was emulation. On the side, Giles spent up to 20 hours a week
working on an arcade emulator called MAME. He felt right at home on Connectix's Virtual PC team. One day over lunch, Giles mentioned that he'd recently
discovered a batch of PlayStation emulators, including PSEmu Pro. It got him thinking about creating a
PlayStation emulator for the Macintosh. Management at Connectix was on board. A successful emulator could be a huge moneymaker. At the time the Macintosh game market was pretty dry. This could blow it up. During development, Giles stumbled
across an online document that explained the operations of
the PlayStation's co-processor. He also found a copy of the
PlayStation BIOS floating around. Connectix had a working prototype within a few weeks. The emulator could boot up to the
PlayStation logo and ask for a game. It was groundbreaking. No company had ever attempted a
commercial video game console emulator. But if Connectix wanted to make the
product, they had to do it legitimately. They set up a meeting with Sony in hopes
of licensing the PlayStation BIOS. During the meeting, Connectix showed the emulator
running the most popular game at the time: Crash Bandicoot. A Sony executive then asked if the
software could run ANY game. "Of course," Giles said.
But that stretched the truth. His team hadn't verified the compatibility
of EVERY PlayStation game. The Sony executive put him to the test when
he plucked a random title from a bookcase that contained hundreds of North
American PlayStation games. Luckily for Connectix, it was Ridge Racer, one of the few titles that worked on the emulator. The meeting seemed to go well, but
Sony had an unsettling poker face. Connectix left Sony headquarters with bad vibes. In October of 1998, they received the news: Sony would not allow them to use their BIOS. But that didn't stop Connectix. Their solution? Eliminate the BIOS entirely. Giles and his team analyzed the functions of the
PlayStation BIOS and rewrote it using C code. Their version was even faster than
emulating the original PlayStation BIOS. Connectix hoped they were in the clear. At the Macworld expo in January of 1999, Steve
Jobs unveiled the Connectix Virtual Game Station. JOBS: Now, this is another game machine. It's the most popular game machine in the world. Wouldn't it be great if we
could play some of those titles too? [Crowd laughing]
- Hmm... Well, at Macworld today, Connectix is introducing the Virtual Game Station. It is software...
[audience erupts into applause] NORM: The Virtual Game Station
boasted no graphical improvements, but it had the best compatibility
of any PlayStation emulator. They regularly released compatibility updates, and they were careful to not step on Sony's toes. The software could only play games using
the original disc and was region-locked. However, modders released patches
to circumvent these restrictions. The Virtual Game Station was a hit. Priced at $49.99, more than 3,000 copies sold
during the Macworld expo– one every 30 seconds. But during the expo, several members of Sony's
legal team hovered around the Connectix booth. Three weeks later, Sony sued
Connectix for a total of nine claims, including copyright infringement, patent
infringement and trademark dilution. But Connectix didn't scare easily. They fought the case, and even started
work on a Windows version of the emulator. The trial was scheduled for the following year, but with Virtual Game Stations flying off the shelves, Sony was in no mood to sit around. They applied for a temporary restraining order, but on February 5, 1999, they were denied. It was an early victory for Connectix. The Virtual Game Station remained on store shelves, where it had grossed more than $3 million. But the war was not over. Meanwhile, Giles and his co-workers were deposed. They were asked about their reverse engineering efforts and the source of the various documents that
contained information about Sony's processors. Just two months later, on April 22nd, a judge granted Sony a preliminary
injunction against Connectix. Judge Charles Legge thought that when
Connectix reverse engineered the PlayStation BIOS, it was not fair use. He also felt that the Virtual Game Station
tarnished the Sony PlayStation brand. Therefore, the case had merit, and a
preliminary injunction was warranted. The preliminary injunction halted any further
shipments of the Virtual Game Station to stores. It was a huge blow to Connectix.
They appealed almost immediately. Any momentum Connectix had was destroyed. With the product disappearing
from stores, users turned elsewhere. The software became the victim of rampant piracy. But on February 10, 2000, an appellate court decision
changed not only the outcome of this case, but determined the legality of emulation. Judge William Canby, Jr. ruled that the methods
Connectix used to reverse engineer the PlayStation were necessary to gain access to unprotected
functional elements within the system. Connectix didn't copy any of Sony's code either. Therefore, Connectix's reverse engineering
of the PlayStation BIOS fell under fair use. Judge Canby also reversed the decision
on tarnishment of the Sony brand. In order to prevail on its tarnishment
claim, Sony had to prove that the Virtual Game Station's existence brought
about a negative association with the PlayStation. Judge Canby found that there was
insufficient evidence for this claim. Connectix was allowed to sell
the Virtual Game Station again and even launch the Windows version. Major video game websites picked
up the appellate court's ruling. Emulation was no longer an underground phenomenon. The ruling legitimized hardware emulation and found that reverse engineering
video game consoles was fair use. Three months later, Connectix
received even more good news. Judge Charles Legge, the man who originally granted
the preliminary injunction against Connectix, dismissed seven of Sony's nine claims. Sony hoped to take their last two
claims of unfair competition and violation of trade secrets to the Supreme Court, but the Supreme Court refused to hear the case. Down but not out, Sony took a new tactic. In March of 2001, Sony acquired Connectix's Virtual
Game Station technology for an undisclosed amount. Connectix gave them their software, all
the hardware they used in development, and deleted everything from their servers, and Sony discontinued the product. In the end, it worked out well for Connectix. By 2001, sales of Virtual Game
Station had basically halted, thanks to its hiatus from the market and the
much-anticipated launch of the PlayStation 2. From a business perspective, selling the
Virtual Game Station was the best outcome. After the sale, Aaron Giles was reassigned to
work on the Connectix Virtual PC application. In 2003, the product and its staff
was purchased by Microsoft, where Giles continues to work to this day. He says he's proud of the product and that developing the Virtual Game Station
was the most enjoyable six months of his career. While the legal battle left a bad taste in his mouth, he does like to imagine that Sony used
some of the Virtual Game Station technology in their future products. But that remains a mystery. Connectix's battle against Sony set a huge
precedent for the legality of emulation. But no company brought emulation
into the mainstream more than Bleem. Let's take a look. In late 1998, screenshots circulated of a
new PlayStation emulator in closed beta. It not only played PlayStation games, it enhanced them. It was known simply as Bleem, and it was created by veteran
programmer Randy Linden. Linden had experience in video games and emulation. In 1988, he wrote a Commodore 64
emulator for the Amiga computer. Later he ported Dragon's Lair to the Amiga,
as well as Doom to the Super Nintendo. What did Bleem stand for? That remains a mystery. But many refer to it as the
"Best Little Emulator Ever Made." Bleem seemed too good to be true. Some though Linden faked the leaked screenshots. The system requirements seemed optimistically low. Bleem needed a Pentium 166 MHz processor, which was more than two years old at the time, only 16 MB of RAM and just 3 MB of disk space. Incredibly, Linden promised
hardware acceleration capabilities. Bleem took advantage of a computer's video
card to increase the resolution of a game, smooth out textures, and more. But when the Bleem beta leaked in January of 1999, the doubters were silenced. It spread like wildfire. Users were amazed at how well
it emulated the PlayStation. Word spread that Bleem would soon
become a commercial product. On March 21st, they released a Bleem demo. They also opened up pre-orders on their website. Bleem suddenly seemed more and more legitimate. In an interview with IGN, Bleem president David Herpolsheimer was asked
if he anticipated any legal trouble from Sony, who had recently taken Connectix to
court for the Virtual Game Station. Herpolsheimer confidently said no. For starters, Bleem was programmed legally. Linden had completely reverse engineered
the PlayStation in order to make Bleem. The software also required the actual
retail disks in order to play games, so Bleem didn't promote piracy. Herpolsheimer also claimed Bleem only worked
with, quote, "about 80% of the PlayStation Library." But none of this saved Bleem from Sony. On April 2nd, less then two
weeks after pre-orders opened, Sony filed suit against Bleem for a variety of claims, including violation of intellectual
property and copyright infringement. This happened in conjunction with
Sony's case against Connectix. But unlike Connectix, Bleem was a brand new startup
company with only a handful of employees. No one believed they could put up a
fight against the Sony juggernaut. Despite the David and Goliath dynamics,
many in the industry sided with Sony. Gary Whitta of PC Gamer said: But Bleem surprised everyone
when they didn't back down. In April, Sony attempted twice to get a temporary
restraining order to prevent Bleem's release. They were denied both times. Tensions reached a boiling point the following month, when Bleem suddenly released
their product at the E3 expo. At their booth, they showed off footage
of Gran Turismo on their emulator. Sony confronted them and a shouting match ensued. The expo asked Bleem to remove
their monitors from the floor. But this was a minor setback. Within the first month, Bleem sold more
than 50,000 copies at a retail price of $29.99. By July, it was in stores like Best Buy,
Electronics Boutique, Barnes & Noble, and Fry's. The following month they
received even more good news. Judge Charles Legge denied Sony's request
for a preliminary injunction against Bleem. He did, however, state that Bleem could not use
screenshots of PlayStation games in their advertising. Bleem quickly appealed that decision. In December, Bleem struck back. They counter-sued Sony for anti-competitive
practices and misuse of intellectual property. They also began work on a new version of Bleem that
would run on Sega's newest console: the Dreamcast. On May 4th of 2000, Bleem emerged victorious again. An appeals court overturned the
district court's earlier decision that Bleem could not use screenshots of
PlayStation games in their advertising. Judge O'Scannlain ruled that Bleem
was using comparative advertising, which as long as it isn't untruthful or deceptive, is
a source of important information to consumers and therefore considered fair use. ... he wrote. The following week, on May 11th,
Bleem announced Bleem for Dreamcast. Game compatibility would be distributed via packs. Each pack would be compatible with
up to 100 games, and retail for $19.99. Games would run at a 640x480 resolution
with anti-aliasing and bilinear filtering. Bleem even hinted at releasing
an accessory called a Bleempod, a PS1-to-Dreamcast controller converter. But once again, Sony pounced. The next week, on May 19th,
they sued Bleem again, this time for patent infringement. By 2001, sales of Bleem had
slowed down tremendously. A wave of development issues as well as constant
litigation from Sony delayed Bleem for Dreamcast. Consumers wouldn't see the
product until the summer of 2001, and it was a disappointment. It was renamed Bleemcast and game compatibility was released
individually rather than in packs. Only three discs were released: Gran Turismo 2, Metal Gear Solid and Tekken 3. Sony was losing in court, but that didn't stop
them from throwing their weight around. After the Bleemcast's release, Sony called
retailers and threatened to take legal action or halt stock of Sony products if they carried Bleemcast. One store, Babbage's, asked to return
its order of 7,000 copies of Bleemcast. It was a huge blow to Bleem. By November of 2001, with sales declining and further
litigation on the horizon, Bleem officially shut down. After the shutdown, its website featured a
Bleem gravestone with Sonic standing over it. Ironically enough, they removed the image
to prevent any legal action from Sega. One of the most common questions about these
two cases is, "Why did Sony care so much?" The answer is licensing fees, which is one of the biggest money
makers for a console manufacturer. If the Virtual Game Station and Bleem took off, developers could make PlayStation
games without going through Sony, thereby avoiding a licensing fee. While Sony didn't win the legal
battles against either company, their strategy of constant litigation won in the end. In the years that followed,
emulation was somewhat embraced by the major video game console manufacturers. Nintendo's Virtual Console allows users to
download and play hundreds of old titles, and Sony has offered PlayStation 1 and 2
games on their PlayStation Network. When Sony came after Connectix and
Bleem, neither company backed down. They paid a hefty price for their courage. Today, both products can be found laying
around thrift stores for a measly dollar, but their legacy lives on in the form of legal precedent. And thanks to their battles, emulation has emerged
from the shadows of video game culture. That's all for this episode of Gaming
Historian. Thanks for watching! Funding for Gaming Historian is
provided in part by supporters on Patreon. Thank you.
Thank god for Bleem! & VGS, because of the precedent the legal case have set, emulation has been able to prosper ever since.
Imagine if Nintendo went after Cemu like Sony went after Connectix . Just bought them out and deleted any trace.
Since it is all closed source WiiU emulation would be crippled.
Wow, this is so fucking wrong.
Emulation did not become legal because of these cases. Emulation was legal. After this decision, we got systems using encryption and other DRM schemes protected by the DMCA. Almost all emulators of post-PS systems that allow for playing retail software (or ripped retail software) is illegal in nearly all western nations as a result of the DMCA and similar legislation like it.
No, I don't like it or agree with it, and I emulate all the time.
But the truth of the matter is that if you have to circumvent a copy-protection or encryption scheme, or if you have to infringe on copyright (typically firmware/bios, or the copying of the game itself), it's illegal.
I remember connectix being so well done I didn't even know I was playing a PlayStation game when I first tried it out.
I remember reading about Bleem when it first came out. The idea that I could play Playstation games on a Dreamcast was INSANE to me. It never really got to that other than a few packs I think (I haven't had time to watch the video yet) but it was still an amazing idea. I later tried Bleem on a PC and I don't remember any game running perfectly but I remember it still blowing my mind that I was playing a Playstation game on something other than a Playstation.
The music in the video... is it from Ape Escape?
man bleem! was good but it went completely paid after this and VGS got bought over by sony and it was so damn good. it had almost 100% compatability with almost every game