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    Legality of roms by nintendo.

    Scheduled Pinned Locked Moved General Discussion and Gaming
    romslegalitylegalnintendo
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    • edmaul69E
      edmaul69 @CodeDrawer
      last edited by

      @CodeDrawer well they arent correct about the legality of emulators. Nintendo and sony have lost several legal battles over that. Nintendo also got busted illegally using other peoples emulators on the wii.

      lilbudL 1 Reply Last reply Reply Quote 2
      • lilbudL
        lilbud @edmaul69
        last edited by

        @edmaul69 They also used a rom from the internet on the VC and sold it, but they were never legally accused

        https://www.technobuffalo.com/2017/01/22/nintendo-virtual-console-super-mario-rom/

        Creator of the Radiocade: https://retropie.org.uk/forum/topic/6077/radiocade

        Backlog: http://backloggery.com/lilbud

        1 Reply Last reply Reply Quote 0
        • B
          backstander
          last edited by

          This is an interesting documentary (@edmaul69 comment make me think about it):

          From Shady to Legal: How 2 Emulators Battled Sony - Bleem! & VGS | Gaming Historian

          edmaul69E 1 Reply Last reply Reply Quote 1
          • J
            jay81uk
            last edited by

            I don't like piracy, but the industry has left me no choice. My rule is that I only play ROMs where the game isn't available to purchase via digital download. i.e. Bart vs the space mutants for the NES. Can't get it anywhere so having to use a ROM.

            1 Reply Last reply Reply Quote 0
            • edmaul69E
              edmaul69 @backstander
              last edited by edmaul69

              @backstander i actually had purchased bleem!. I followed it and everything up until the day they posted a bleem! r.i.p. tombstone on their site. They won every legal battle but sony bankrupted them in the process. They should have sued sony for their legal fees.

              B 1 Reply Last reply Reply Quote 3
              • EldrethorE
                Eldrethor
                last edited by Eldrethor

                @CodeDrawer said in Legality of roms by nintendo.:

                Game copying devices are legal. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.

                This is the thing that doesn't sit well with me: a VCR or CD/DVD burner also allows people to make copies of existing media that can be distributed as well, yet those are entirely legal, but not devices that makes digital copies of a game. The only argument that I could see is if the law dictates that only Nintendo alone holds the rights to use to use their patented hardware/software, but if so, then why was Atari allowed to sell games on the NES under the Tengen brand?

                edmaul69E S 2 Replies Last reply Reply Quote 2
                • B
                  backstander @edmaul69
                  last edited by

                  @edmaul69 I had bleem! as well and I also remember the day they had Sonic holding a flower next to the tombstone! I was really sad because that was a really great emulator! I was hoping the community would pick it up and hack it with continued updates but that never happened. I still have the original bleem! cd in its case somewhere in my storage lol.

                  mediamogulM 1 Reply Last reply Reply Quote 0
                  • edmaul69E
                    edmaul69 @Eldrethor
                    last edited by BuZz

                    @Eldrethor [removed]

                    BuZzB 1 Reply Last reply Reply Quote 0
                    • mediamogulM
                      mediamogul Global Moderator @backstander
                      last edited by

                      @backstander

                      For a while, some people continued to use the simulated BIOS developed by Bleem in other emulators, as it offered an accessible way to emulate a PSX without breaking any laws. Of course if you can find it, the BIOS will still plug right into just about any modern emulator. What's funny is that it immediately knocks game compatibility back to that bygone era.

                      As for Nintendo's advice on emulation, that's like asking a cow about the ethics of eating a hamburger. Of course they're going to say that "it's wrong"... or "moo". Actually, "moo" is probably more likely, but I'm sure they wouldn't be keen on the idea.

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                      BenMcLeanB 1 Reply Last reply Reply Quote 3
                      • S
                        sselph @Eldrethor
                        last edited by

                        @Eldrethor I was about to write a similar response. I'm not a lawyer but I would agree that these devices themselves are not illegal. I would think it would have to do with how they are marketed or the owners intentions. If they are marketed that you can copy games and then do illegal things with them then the seller could be assisting copyright infringement. If you owned one and it was obvious you were using it to commit a crime, it may be similar to things like lockpicks where it may legal to own them but if you have them while trespassing they could be considered burglary tools.

                        I'm sure Nintendo's view is that there is no legal or fair-use purpose to copy a game and therefore any use of a device would be illegal. So your only intention would be to commit a crime.

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                        1 Reply Last reply Reply Quote 1
                        • dankcushionsD
                          dankcushions Global Moderator
                          last edited by

                          most rom hacks are distributed as IPS files, which are 'patched' to the original rom by the user. the IPS files themselves are original content and legal to distribute, as far as i know.

                          1 Reply Last reply Reply Quote 2
                          • BuZzB
                            BuZz administrators @edmaul69
                            last edited by

                            @edmaul69 said in Legality of roms by nintendo.:

                            Please can you try and get your point across without the colourful language.

                            To help us help you - please make sure you read the sticky topics before posting - https://retropie.org.uk/forum/topic/3/read-this-first

                            edmaul69E 1 Reply Last reply Reply Quote 1
                            • ?
                              A Former User @CodeDrawer
                              last edited by

                              @CodeDrawer said in Legality of roms by nintendo.:

                              Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.

                              So now for me to talk in my own words like a big boy! The last one above is why the rPie forum doesn't want us to talk about where we get our roms. So not because they're mean, because they can get in HUGE trouble with this. Even emulators are illegal to a degree. Please keep rPie not in trouble.

                              I'm sure excessive linking to copyrighted content - never even mind hosting - can lead to legal trouble. However I do not believe there is anything wrong with just talking about these things - an activity that is forbidden on many retro sites on the pretext that just that can get them in hot water.

                              Personally, I am a pirate, always have been and while I'm not "proud" of it neither I am ashamed of this fact, not in a slightest. It's a complex issue and probably not worth discussing, similarly to religion/politics such conversations only lead to excessive flaming and neither side accepting other's arguments.

                              As for the Big N, Sony or whoever else, I understand why they go through these motions, obviously they cannot say it's okay and periodically go on a crusade. For example one of the biggest and oldest overground rom sites was just recently hit with a DMCA from Nintendo and withdrew their content. I'd rather if they didn't push people underground but, again, can understand why they do what they do. The unacceptable activities start when they start mass banning IPs or conduct lawyer-letter extortion campaigns - something that is unfortunately well known here in the UK.

                              1 Reply Last reply Reply Quote 0
                              • BenMcLeanB
                                BenMcLean @mediamogul
                                last edited by

                                @mediamogul said in Legality of roms by nintendo.:

                                As for Nintendo's advice on emulation, that's like asking a cow about the ethics of eating a hamburger. Of course they're going to say that "it's wrong"... or "moo". Actually, "moo" is probably more likely, but I'm sure they wouldn't be keen on the idea.

                                No. That's like asking a cow who is also a major shareholder in the McDonalds corporation about the ethics of eating a hamburger.

                                1 Reply Last reply Reply Quote 0
                                • edmaul69E
                                  edmaul69 @BuZz
                                  last edited by

                                  @BuZz i apologize. Wont happen again.

                                  1 Reply Last reply Reply Quote 0
                                  • CodeDrawerC
                                    CodeDrawer
                                    last edited by

                                    @BenMcLean said in Legality of roms by nintendo.:

                                    @mediamogul said in Legality of roms by nintendo.:

                                    As for Nintendo's advice on emulation, that's like asking a cow about the ethics of eating a hamburger. Of course they're going to say that "it's wrong"... or "moo". Actually, "moo" is probably more likely, but I'm sure they wouldn't be keen on the idea.

                                    No. That's like asking a cow who is also a major shareholder in the McDonalds corporation about the ethics of eating a hamburger.

                                    I love that anaology!

                                    N64 emulation is the next step :)

                                    1 Reply Last reply Reply Quote 0
                                    • P
                                      PetroRie
                                      last edited by

                                      @CodeDrawer said in Legality of roms by nintendo.:

                                      Game copiers enable users to illegally copy video game software onto floppy disks

                                      Wow, floppy disks, I haven't heard that word for many years... the good old 1.44mb :P

                                      I do pirate everything I can simply because I don't have the money to own all those Retro games. some people pretend like it's a huge felony something comparable to a first degree murder, it's no biggie no reason to feel guilty it's not like you have killed someone lol. Most ISP's won't even care what you're downloading at all. I bet everyone here has watched a couple videos on his favorite music on YouTube, YouTube is full with videos containing copyrighted material.

                                      Nintendo should focus more on creating good new games instead of focusing on something they cannot combat at all. I mean, if you go to Google and look for roms there are always a couple famous rom sites popping up at the first page. These sites are pretty old, they're still running. I was even surprised that they provide PSX ISO's.

                                      Now reselling roms, thats an entire different story.

                                      1 Reply Last reply Reply Quote 0
                                      • CodeDrawerC
                                        CodeDrawer
                                        last edited by

                                        They even have wii ISO's!

                                        N64 emulation is the next step :)

                                        P 1 Reply Last reply Reply Quote 0
                                        • CodeDrawerC
                                          CodeDrawer
                                          last edited by

                                          Though it would be cool if they will have a starfox 2 rom we can get.

                                          N64 emulation is the next step :)

                                          1 Reply Last reply Reply Quote 0
                                          • P
                                            PetroRie @CodeDrawer
                                            last edited by

                                            @CodeDrawer said in Legality of roms by nintendo.:

                                            They even have wii ISO's!

                                            Maybe they're running the server on some offshore server??

                                            @CodeDrawer said in Legality of roms by nintendo.:

                                            Though it would be cool if they will have a starfox 2 rom we can get.

                                            Don't worry I'm sure they will hack the mini SNES within the first month, soon or late the game will be dumped for sure.

                                            1 Reply Last reply Reply Quote 0
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