I'm Confused...

I've heard different things about ROMS and their legality. Supposedly, if you own a legitimate copy of the game, you can run ROMS. But I've also heard that ROMS are completely illegal. Which statement is true? I really don't want to get involved with anything illegal. Any help would be appreciated.

I had always thought you could have a ROM of a game you own but I have also heard that they are completely illegal... That is a good question

I think there is already a thread about this....
DS EMU

A rom of a game you own is legal, if you do not brake any law to get it.

It is illegal to distribute copyrighted material without a license. Therefore, while it is, in some places, legal to own a rom dump of a game you own if and only if you make it yourself from your own copy, downloading of any kind is illegal, since the dump is of another person's game.

These rules of course vary across the world, but I believe that this is the standard US one which is passed about.

Ok, thanks.

if you own the game, then it is NOT illegal for you to download the rom from someone who IS ILLEGALLY distributing it.

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DrLucky
if you own the game, then it is NOT illegal for you to download the rom from someone who IS ILLEGALLY distributing it.

Where in the world is that the case?

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DrLucky
if you own the game, then it is NOT illegal for you to download the rom from someone who IS ILLEGALLY distributing it.

That's just wrong. The only right people have regarding duplicating or owning duplicated copyrighted content which they have not paid for is the right to make a backup (hence the euphemism used everywhere on tehskeen and gbafail) of software they legally own. A download from someone else does not satisfy these criteria. You should check what Nintendo have to say on this. Actually, for an exhaustive, if tedious and acrimonious, account of this issue please check that Brakken editorial on tehskeen where he criticises Marcan (more wrongly than rightly, I'd say).

Wow, now I still don't know who to trust. How am I supposed to know if its legal or not when people keep saying different things?


Edit: Nevermind, here's the truth straight from Nintendo:


What are Nintendo ROMS?

A Nintendo ROM ("Read Only Memory") is the type of chip used in Nintendo's video game cartridge which contains the game software. However, this term is commonly used on many gaming sites on the Internet and refers to game data that was copied from an authentic Nintendo video game cartridge.

What is a Nintendo Video Game Emulator?

A Nintendo emulator is a software program that is designed to allow game play on a platform that it was not created for. A Nintendo emulator allows for Nintendo console based or arcade games to be played on unauthorized hardware. The video games are obtained by downloading illegally copied software, i.e. Nintendo ROMs, from Internet distributors. Nintendo ROMs then work with the Nintendo emulator to enable game play on unauthorized hardware such as a personal computer, a modified console, etc.

Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?

There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

How Does Nintendo Feel About the Emergence of Video Game Emulators?

The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.


I guess that sums it all up....



Edited 2 time(s). Last edit at 05/15/2009 10:31PM by WaxyPumpkin72.