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MMM 07-23-2009 06:34 AM

Are ROMs legal?
 
QB and I have been discussing it, but I thought I would throw it out to all.

After being told that ROMs (PC versions of console games played on emulators) were legal a little investigation on the Internet tells another tale.

Just as owning a CD of music doesn't give me the right to DL mp3s of that music, owning a legal copy of a console game doesn't give me the right to DL a ROM to play on my PC.

Making backup copies of both game discs and music CDs is legal, but the ROM is not. The backup copy is intended for the system you purchased it for. That means if I buy a copy of SF:IV for the PS3 doesn't mean I can DL a copy to play on my 360, or PC.

It seems publishers do not actively pursue lawsuits, etc. as games that aren't being sold new now are not worth spending money on pursuing. However the exception to this is Nintendo, as they sell older games on Wii Virtual Console.

If I am mistaken, let me know, but it would seem the legal answer is probably obvious.

Quailboy 07-23-2009 06:45 AM

Quote:

Originally Posted by MMM (Post 751173)
QB and I have been discussing it, but I thought I would throw it out to all.

After being told that ROMs (PC versions of console games played on emulators) were legal a little investigation on the Internet tells another tale.

Just as owning a CD of music doesn't give me the right to DL mp3s of that music, owning a legal copy of a console game doesn't give me the right to DL a ROM to play on my PC.

Making backup copies of both game discs and music CDs is legal, but the ROM is not. The backup copy is intended for the system you purchased it for. That means if I buy a copy of SF:IV for the PS3 doesn't mean I can DL a copy to play on my 360, or PC.

It seems publishers do not actively pursue lawsuits, etc. as games that aren't being sold new now are not worth spending money on pursuing. However the exception to this is Nintendo, as they sell older games on Wii Virtual Console.

If I am mistaken, let me know, but it would seem the legal answer is probably obvious.

How would you make a back-up of the title without first have the ISO, or CDI, otherwise known as the ROM file?

In our case Capcom is also selling copies of there older games, which are supported on GGPO (the online client used to play these ROMs) on Xbox Live Arcade, Street Fighter 2 and Garou: Mark of the Wolves along with King of Fighter 98' have just been recently added to the XBLA. And yet, they still allow and endorse the GGPO client.

solemnclockwork 07-23-2009 07:16 AM

These two should help you out.

| Nintendo - Corporate Information | Legal Information (Copyrights, Emulators, ROMs, etc.)

Help - GameFAQs

JayT 07-23-2009 07:16 AM

Roms are not legal.
It's the same thing with copying or backing up a DVD.



Sure its not legal, but people do it anyway.

MMM 07-23-2009 07:19 AM

Quote:

Originally Posted by Quailboy (Post 751177)
How would you make a back-up of the title without first have the ISO, or CDI, otherwise known as the ROM file?

I have no idea.


Quote:

Originally Posted by Quailboy (Post 751177)
In our case Capcom is also selling copies of there older games, which are supported on GGPO (the online client used to play these ROMs) on Xbox Live Arcade, Street Fighter 2 and Garou: Mark of the Wolves along with King of Fighter 98' have just been recently added to the XBLA. And yet, they still allow and endorse the GGPO client.

To use GGPO do you have to prove you have a legitimate version of the ROM? And asking that, are there "legitimate" versions for console games on PC? I am thinking "no" because that would literally mean it is a cracked version.

Quailboy 07-23-2009 07:20 AM

Quote:

Originally Posted by solemnclockwork (Post 751180)

Thank you very much! ^_^

I cant believe something useful came out of Gamefaqs -_- xD

So, MMM, the Client is completely legal.

Its just that most of the people using it aren't using legit ROMs
It dosen't have to be an authentic ROM file.

And technically, I'm not using legal ROMs either, considering that the Client uses the Arcade versions and I do not own a SSFII:T Cabinet or a SFIII:3s Cabinet. Damn..I got screwed on that one.

Quote:

Originally Posted by JayT (Post 751181)
Roms are not legal.
It's the same thing with copying or backing up a DVD.



Sure its not legal, but people do it anyway.

Is it legal to make a copy of a game I own?
Yes. U.S. Copyright laws allow you to make one backup copy of software you own. However, that backup copy is "tied" to your original. If you sell or give away your original software, you must destroy your backup copy or package it with the orignal when you sell or give it away. Likewise, you may not sell or give away your backup copy without the original.

Of course, with the advent of the Digital Millennium Copyright Act (DMCA), breaking the copyright protection on a piece of software you own has been made a crime in many cases, so if the software you are backing up implements copyright protection, it may also be illegal.

SSJup81 07-23-2009 07:25 AM

I always thought ROMS/Emulators were illegal. Well, I was told that years ago anyway. Guess making a copy for your own personal use is okay, but not okay to share/sell it...

solemnclockwork 07-23-2009 07:25 AM

Quote:

Originally Posted by Quailboy (Post 751184)
Thank you very much! ^_^

I cant believe something useful came out of Gamefaqs -_- xD

So, MMM, the Client is completely legal.

Its just that most of the people using it aren't using legit ROMs

The funniest thing that the emulators are legal (being that they should be infringement on copyright status). If memory serves there was one PlayStation emulator that was being sold commercially.

I'm so glad Nintendo and several game companies realize the worth of old games, and started to sell them again.

gamefaqs is a knucklehead of a place.

Quote:

Originally Posted by SSJup81 (Post 751185)
I always thought ROMS/Emulators were illegal. Well, I was told that years ago anyway. Guess making a copy for your own personal use is okay, but not okay to share/sell it...

As long as you make the copy. Cartridge based games are a problem in that regard as the machines to make the ROM are illegal.

Quailboy 07-23-2009 07:28 AM

Quote:

Originally Posted by solemnclockwork (Post 751186)
The funniest thing that the emulators are legal (being that they should be infringement on copyright status). If memory serves there was one PlayStation emulator that was being sold commercially.

I'm so glad Nintendo and several game companies realize the worth of old games, and started to sell them again.

gamefaqs is a knucklehead of a place.

Hmm, thats odd. Then there are also things like this.
GP2X - Wikipedia, the free encyclopedia
That are being sold that obviously are going to be used for illegal gaming -_-

Yeah, I stay away from gamefaqs, thats sad to say considering I'm a /b/tard.

MMM 07-23-2009 07:34 AM

Good information. It is interesting that the Client is legal, even if the ROMs are not. Where I live it used to be illegal for people under 18 to buy cigarettes, but legal for them to smoke. Same sort of thing...

Quailboy 07-23-2009 07:37 AM

Quote:

Originally Posted by MMM (Post 751192)
Good information. It is interesting that the Client is legal, even if the ROMs are not. Where I live it used to be illegal for people under 18 to buy cigarettes, but legal for them to smoke. Same sort of thing...

So, I suppose, if you want to download the Client and use it legally, you would need to own the arcade cabinets -_-

SSJup81 07-23-2009 07:38 AM

Quote:

Originally Posted by solemnclockwork (Post 751186)
As long as you make the copy. Cartridge based games are a problem in that regard as the machines to make the ROM are illegal.

Sounds confusing to do all that. Meh, I don't even bother with them, although, years ago, I did have Roms/Emulator for Sonic the Hedgehog/Sonic 2/Sonic 3/Sonic & Knuckles since I hadn't played in years (and didn't have a Gamecube yet to buy that Sonic collection)...but I lost those when the comp crashed. Also found out that they were illegal to have a short time after, so it was no big loss.

Wish my cousin still had her Sega Genesis. I liked the Sonic Collection on the Gamecube...but hated the controls, just like with the Gamecube version of Legend of Zelda: Ocarina of Time. I hate it for the Gamecube. The controls just don't suit it, imo. Way better for the N64.

MMM 07-23-2009 07:43 AM

Quote:

Originally Posted by Quailboy (Post 751193)
So, I suppose, if you want to download the Client and use it legally, you would need to own the arcade cabinets -_-

Yup, that is what it sounds like.

Quailboy 07-23-2009 07:48 AM

Quote:

Originally Posted by MMM (Post 751198)
Yup, that is what it sounds like.

*cries* But I love my SSFII:T and SFIII:3s!

MMM 07-23-2009 07:51 AM

Quote:

Originally Posted by Quailboy (Post 751202)
*cries* But I love my SSFII:T and SFIII:3s!

Let Capcom know.

Quailboy 07-23-2009 07:52 AM

Quote:

Originally Posted by MMM (Post 751203)
Let Capcom know.

By deleting them?

MMM 07-23-2009 08:05 AM

Quote:

Originally Posted by Quailboy (Post 751204)
By deleting them?

By contacting them.

Quailboy 07-23-2009 08:06 AM

Quote:

Originally Posted by MMM (Post 751208)
By contacting them.

The subject being about?

I'm sorry MMM, but I'm kind of lost right now xD

MMM 07-23-2009 08:13 AM

Quote:

Originally Posted by Quailboy (Post 751209)
The subject being about?

I'm sorry MMM, but I'm kind of lost right now xD

Probably because you should be in bed.

Tell Capcom you would like to see these game available on 360 or Wii...but maybe after you go to bed and get a good night's sleep.

Quailboy 07-23-2009 08:19 AM

Quote:

Originally Posted by MMM (Post 751214)
Probably because you should be in bed.

Tell Capcom you would like to see these game available on 360 or Wii...but maybe after you go to bed and get a good night's sleep.

Eh, I dont think thats going to happen MMM xD

I'm jacked up on Amp Energy right now..I got a free 4 pack of them and plan on getting 12 more cases of them in a few days..for free.

MMM 07-23-2009 08:21 AM

Quote:

Originally Posted by Quailboy (Post 751219)
Eh, I dont think thats going to happen MMM xD

I'm jacked up on Amp Energy right now..I got a free 4 pack of them and plan on getting 12 more cases of them in a few days..for free.

I recommend drinking a spoonful of Windex. It will give your body the same results, only quicker.

Nyororin 07-23-2009 08:35 AM

Quote:

Originally Posted by MMM (Post 751222)
I recommend drinking a spoonful of Windex. It will give your body the same results, only quicker.

Is Amp an alcoholic beverage? A quick search tells me it is an "energy" drink, with supposedly healthful ingredients and a bunch of caffeine.

SSJup81 07-23-2009 08:36 AM

Quote:

Originally Posted by Nyororin (Post 751228)
Is Amp an alcoholic beverage? A quick search tells me it is an "energy" drink, with supposedly healthful ingredients and a bunch of caffeine.

Yeah, it's an energy drink. Loaded with sugar to my knowledge. I've seen commercials for it.

Quailboy 07-23-2009 08:38 AM

Quote:

Originally Posted by Nyororin (Post 751228)
Is Amp an alcoholic beverage? A quick search tells me it is an "energy" drink, with supposedly healthful ingredients and a bunch of caffeine.

Alcoholic? No, its used in some mix drinks but, I'm just drinking the Amp, no alcahol here.

Loaded with more caffine then a bag of halloween candy in each can xD

Quote:

Originally Posted by MMM (Post 751222)
I recommend drinking a spoonful of Windex. It will give your body the same results, only quicker.

This is very true.

MMM 07-23-2009 08:48 AM

Quote:

Originally Posted by Nyororin (Post 751228)
Is Amp an alcoholic beverage? A quick search tells me it is an "energy" drink, with supposedly healthful ingredients and a bunch of caffeine.

Totally off topic, but no, it is one of the very popular canned drinks now that are dangerously high in caffeine, high-fructose corn syrup, and other ingredients which especially teenagers should not drink...but is a internal body slam for any human. "Healthful" is not a word that should be associated with these drinks.

People often mix them with vodka which result in even greater health problems and sometimes even death.

SSJup81 07-23-2009 08:48 AM

Quote:

Originally Posted by Quailboy (Post 751231)
Alcoholic? No, its used in some mix drinks but, I'm just drinking the Amp, no alcahol here.

Loaded with more caffine then a bag of halloween candy in each can xD

Why not drink a Red Bull? :p

Quailboy 07-23-2009 08:51 AM

Quote:

Originally Posted by SSJup81 (Post 751234)
Why not drink a Red Bull? :p

Because I cant get those for free ^_^

Back on topic.

Maybe I could find an emulater for the certain consoles I have my copys for that also has an online addition to it...

EDIT: Just searched to no avil for either console, sega genises or dreamcast.
Looks like i'm sticking with GGPO, sorry Capcom.

Quailboy 07-23-2009 09:42 AM

Quote:

Originally Posted by MMM (Post 751233)
Totally off topic, but no, it is one of the very popular canned drinks now that are dangerously high in caffeine, high-fructose corn syrup, and other ingredients which especially teenagers should not drink...but is a internal body slam for any human. "Healthful" is not a word that should be associated with these drinks.

People often mix them with vodka which result in even greater health problems and sometimes even death.

Hit the nail on the head, my insides are destroyed by now xD

Tenchu 07-23-2009 09:57 AM

Quote:

Originally Posted by MMM (Post 751173)
That means if I buy a copy of SF:IV for the PS3 doesn't mean I can DL a copy to play on my 360, or PC.

... What the fuck has DuckBoy been telling you??? :o

I swear, it's all lies...

*Starts burning hard drives...*

Quailboy 07-23-2009 10:12 AM

Quote:

Originally Posted by Tenchu (Post 751240)
... What the fuck has DuckBoy been telling you??? :o

I swear, it's all lies...

*Starts burning hard drives...*

I'm loving the DuckBoy thing Tenchu <3

hinata2 07-23-2009 10:16 AM

its illeagal to use them if you dont have the game cuz then its considered stealing which is a crime if you get caught doing this you could be in trouble but it's up to the user if they want to get the gamy legal or not

Quailboy 07-23-2009 10:34 AM

Quote:

Originally Posted by hinata2 (Post 751243)
its illeagal to use them if you dont have the game cuz then its considered stealing which is a crime if you get caught doing this you could be in trouble but it's up to the user if they want to get the gamy legal or not

Seriously..do you actually read the threads or just the titles? We figured this out like an hour ago -_-

hinata2 07-23-2009 10:47 AM

oh i read them

iPhantom 07-23-2009 11:18 AM

Quote:

Originally Posted by hinata2 (Post 751243)
its illeagal to use them if you dont have the game cuz then its considered stealing which is a crime if you get caught doing this you could be in trouble but it's up to the user if they want to get the gamy legal or not

There is NO stealing. If I steal something, someone else will lose it. Reproduction is NOT stealing.

Also, ROMs are legal if you own the game, the whole Nintendo legal page is messed up.

"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. "

This is total bullshit they created because rom sites run with that excuse (download only if you own the ROM), and it is very legal. If I own the ROM, I own the game, not just the cartridge or CD or whatever, I don't buy the container, I buy the game. If it's damaged, I'm entitled to use aq backup I have made, or even download one, because I have the right to it.

They are pulling all these crap to us, stop us from doing a backup of our purchased game just to find a way to shut down these ROM sites. They damage their customers to save themselves. F****** hypocrites.

Go download ROMs and don't give a damn about them.

Quailboy 07-23-2009 12:30 PM

Quote:

Originally Posted by iPhantom (Post 751255)
There is NO stealing. If I steal something, someone else will lose it. Reproduction is NOT stealing.

Also, ROMs are legal if you own the game, the whole Nintendo legal page is messed up.

"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. "

This is total bullshit they created because rom sites run with that excuse (download only if you own the ROM), and it is very legal. If I own the ROM, I own the game, not just the cartridge or CD or whatever, I don't buy the container, I buy the game. If it's damaged, I'm entitled to use aq backup I have made, or even download one, because I have the right to it.

They are pulling all these crap to us, stop us from doing a backup of our purchased game just to find a way to shut down these ROM sites. They damage their customers to save themselves. F****** hypocrites.

Go download ROMs and don't give a damn about them.

Glen, sometimes I love you.

SaintKat 07-23-2009 01:38 PM

Quote:

Originally Posted by MMM (Post 751173)

Making backup copies of both game discs and music CDs is legal...

Sadly, afaik that's not true for New Zealand.

solemnclockwork 07-23-2009 01:39 PM

Quote:

Originally Posted by iPhantom (Post 751255)
There is NO stealing. If I steal something, someone else will lose it. Reproduction is NOT stealing.

Also, ROMs are legal if you own the game, the whole Nintendo legal page is messed up.

"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. "

This is total bullshit they created because rom sites run with that excuse (download only if you own the ROM), and it is very legal. If I own the ROM, I own the game, not just the cartridge or CD or whatever, I don't buy the container, I buy the game. If it's damaged, I'm entitled to use aq backup I have made, or even download one, because I have the right to it.

They are pulling all these crap to us, stop us from doing a backup of our purchased game just to find a way to shut down these ROM sites. They damage their customers to save themselves. F****** hypocrites.

Go download ROMs and don't give a damn about them.

Under copyright laws reproduction is considered stealing. they word it in a way that you are taking profit and work from them.

Also under copyright protection you only own the right to play the game, in how the developers see fit (some are more lenient then others).

You also are not allowed to download copyright material even if you own it.( unless the developer makes it where you can legally). so if your only copy breaks, you have to buy a new one. Usually licenses are only for that one use, and that specific copy. So I would advise making a copy when you can.

Nintendo does have a stance even against backups.

Minnesota Technology Law - Copyright Myths and Misconceptions FAQ
Ethical Practices | IS Service Portal

seiki 07-23-2009 01:49 PM

It seems that it is legal to make a rom from a game you already own but you can not do this with a cartridge game as the machine required is illegal. It is illegal to download a ROM. If you make a ROM as a back up copy you are apparently supposed to treat it as the game as well and if you sell the game you must delete the ROM from your pc or disk or whatever.

Also why would it be legal for someone to make a copy of a game as they are all patented and even the oldest nes, atari and so forth still will be for aroun 45 years.

seiki 07-23-2009 01:50 PM

Quote:

Originally Posted by solemnclockwork (Post 751285)
Under copyright laws reproduction is considered stealing. they word it in a way that you are taking profit and work from them.

Also under copyright protection you only own the right to play the game, in how the developers see fit (some are more lenient then others).

You also are not allowed to download copyright material even if you own it.( unless the developer makes it where you can legally). so if your only copy breaks, you have to buy a new one. Usually licenses are only for that one use, and that specific copy. So I would advise making a copy when you can.

Nintendo does have a stance even against backups.

Minnesota Technology Law - Copyright Myths and Misconceptions FAQ
Ethical Practices | IS Service Portal

Nintendo dose have a stance against back ups if you read that first link posted with the gamefags one below.

iPhantom 07-23-2009 02:19 PM

Quote:

Originally Posted by solemnclockwork (Post 751285)
Under copyright laws reproduction is considered stealing. they word it in a way that you are taking profit and work from them.

Also under copyright protection you only own the right to play the game, in how the developers see fit (some are more lenient then others).

You also are not allowed to download copyright material even if you own it.( unless the developer makes it where you can legally). so if your only copy breaks, you have to buy a new one. Usually licenses are only for that one use, and that specific copy. So I would advise making a copy when you can.

Nintendo does have a stance even against backups.

Minnesota Technology Law - Copyright Myths and Misconceptions FAQ
Ethical Practices | IS Service Portal

No it's not stealing at all. Considering it as stealing is a bad habit. I wouldn't buy the game IRL in any circumstances, so I downloaded it. I'm not taking any profit at all, because if I didn't download it, I wouldn't buy it... so nothing is lost. But I did infringe the copyright. But it's not stealing.

You just came back at my point. They want us to buy another copy instead of downloading a game we already had bought but it's not working. Damaging their customers to profit their greedy a$$. All this piracy is something they deserve. And piracy is known for making good publicity to games.

Also if they give me a license of one copy I'm allowed to do what I want with it. Backup of that copy should be allowed. The whole copyright thing they write is bastardized to the max.


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