My point with DQ3r was that the expansion would be legal.
What ROM hackers call "ExHiROM" is actually an SHVC-LJ3M-01 PCB board layout. In other words, if you were to overwrite the ROMs on Tales of Phantasia with DQ3r, it'd work on real hardware. Don't even need any metaphorical "super" mapping chip: all the hardware already exists.
The problem is that Tales and Daikai came out really late in the system's life, and only four games ever exceeded 32mbits. To cut costs and such, the majority of copier devices aren't able to run >32mbit games. So if DMM expands the game, it won't run on those devices. Such as my Super UFO 8.3j. But it will run on my 64mbit GDSF7, or on anyone's Tototek flash cart.
So he has to balance what he values more.
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That said, good a time as any for this. For FEoEZ, I have a few tricks that will enable absolutely massive speedups to the translation. I'll go into more detail on that later when I have a proof of concept. The downside is that it requires a good 8mbits or more of ROM space to pull off. I will have to expand FEoEZ from 40mbits to 48mbits, which the original PCB board did not support (not enough address line pins.)
Then again, there's not a single copier in the entire world that supports the SPC7110 anyway. It's not even like the S-DD1 where you can hack it out ala neviksti's 96mbit Star Ocean.
So keeping it 40mbits would only benefit people who put it on real carts, and half of them just turn around and sell them on eBay anyway. But by expanding it, I can guarantee a much smoother experience for everyone playing the patch on emulators (99.8% of people.)
So ... it's a tough call, whether to keep it at 40mbits or expand it.
If you make a hack that runs perfectly on real hardware there is no way it won't work on any emulator as well (unless said emulator has some serious problems).
I started my emulator for that very reason: stuff I was writing for my copier wasn't running in any emulators. And even mine still definitely has very serious problems emulating code that runs on the real thing. Even more frequently a problem in the reverse: just ask MathOnNapkins or Chester :/
Gets really bad when you know all the tricks and push the hardware to its limits: ran into a bug very recently where using $43x8 as a scratch register when that channel never used HDMA was breaking one emulator. Works fine on hardware.