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Legality of roms by nintendo.



  • OK so I don't know how many people actually use illegal roms. cough best friend cough But I am going to debunk some myths that are floating around.

    I am getting this information from nintendo directly.
    https://www.nintendo.com/corp/legal.jsp#independent

    I can get a second copy from the net if I own the game. MYTH.

    Ninty says 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.

    If you can't get a rom from its copyright holder, you can get a rom no problem. Here is what ninty says: No, the current availability of a game in stores is irrelevant as to its copyright status. Copyrights do not enter the public domain just because they are no longer commercially exploited or widely available. Therefore, the copyrights of games are valid even if the games are not found on store shelves, and using, copying and/or distributing those games is a copyright infringement.

    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.

    Can Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

    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.

    Second, how legal are hacked roms? I saw it floating around and I asked some people into legal issues (but not lawyers) whether they are legal, and they are probably legal, but we'd need to ask a lawyer. Anyone on this forum post, if you have a lawyer friend its your time to shine!

    Sega, is actually selling some of their games as roms to play! This is legal but copied distributions are illegal.

    Please discuss, but only legal information.



  • @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.



  • @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/



  • 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



  • 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.



  • @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.



  • @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?



  • @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.



  • @Eldrethor [removed]


  • Global Moderator

    @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.



  • @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.


  • Global Moderator

    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.


  • administrators

    @edmaul69 said in Legality of roms by nintendo.:

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



  • @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.



  • @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.



  • @BuZz i apologize. Wont happen again.



  • @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!



  • @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.



  • They even have wii ISO's!



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


 

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