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Are Video Game ROMs Illegal? What Gamers Should Know
Itching to Try an Emulator? Think Twice Before Downloading!
Lori May
Lori May, Yahoo! Contributor Network
May 3, 2011 "Share your voice on Yahoo! websites. Start Here."

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In the last ten years, many gamers have asked the question: Are video game ROMs illegal? Emulators are essentially computer programs which mimic older console platforms, such as the Nintendo Entertainment System; Roms are files of the video games themselves, often free to download online to be stored on a computer in a .zip file. For many years, the general consists among ROM and emulator enthusiasts is a belief that both are completely legal if the user owns both the original console and a physical copy of the ROM video game.

Unfortunately, this is widespread belief is incorrect.

Video game ROMs are illegal, even if you own a physical copy of the titles.

The official Nintendo website directly answers the question about whether or not ROMs are legal without any ambiguity:

"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."

The amount of free ROM websites has greatly diminished over the last five years, but many still exist. The majority of these websites promote the falsity that ROMs and emulators are legal if you own the physical copy, or if you download but delete the video game ROM within a 24-hour period. Emulators continue to exist in a grey area, as they are programs developed by individuals to play illegal ROMs but do so without infringing on the original technology of the gaming console the title was intended for.

In the eyes of the Nintendo Corporation, any possession of a video game ROM is illegal'"and the popularity of these stolen virtual goods has cost the company millions. "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." Any video game enthusiast who supports the products and services provided by the hard-working men and women at Nintendo should consider the unseen ramifications of their illegal ROM downloads.

Although information regarding other company's stance on video game ROM is not as easily obtained, it is fairly safe to assume that the stance made public by Nintendo reflects all of the companies in the gaming industry.


check out the website here :

http://voices.yahoo.com/are-video-game-r...98607.html

Well, it's rather obvious that it's not legal to download games, whether you have them at home or not (who should possibly check for that). The more interesting question is whether it's legal to copy/dump games you own for personal use, or, more controversial, whether the programs which do this are legal.

Oh, also, "the Nintendo Website" is quite a ridiculous source for an article like that. You can't possibly get an opinion which is more biased...
Companies often state stuff which just isn't true in terms of law. Don't always believe what they say.

More and more I have gained the philosophy that I don't really care what other people do these days anymore as long as I'm not involved.
If people want to download ROMS, for all means be my guest just leave me out of it.

I know what's right and not right to do.
If you don't own the game, you're not entitled to download it.
And even if you do own it, it's still a NO NO.
That's why you buy the games and consoles with the corresponding copiers and dump them with good conscience and then play them in emulators.

Quite simple like a good Gin & Tonic.

(02-21-2012, 03:41 AM)scummos Wrote: [ -> ]Well, it's rather obvious that it's not legal to download games, whether you have them at home or not (who should possibly check for that). The more interesting question is whether it's legal to copy/dump games you own for personal use, or, more controversial, whether the programs which do this are legal.

As far back as I can remember, Nintendo has always claimed that any "backup copies" one makes are also unauthorized copies, i.e. their stance is that dumping isn't legal. Their manuals have said so for a long time. If I could find my old Ice Hockey manual for the NES, I'd check that, but it was present in the original GB game manuals too.

Even though the company says you can't, in the U.S. one would expect this sort of copying to be permissible under Fair Use, especially if it's to preserve personal copies that you never intend to distribute. I don't think this has ever been tested in a court of law. I doubt it will anytime soon, simply because I haven't seen game companies as eager to sue its users as the music and film industries are.

I find it hard to imagine companies like Nintendo suing anyone because he or she made a copy of whatever game for personal use. It'd be a dead end. The copy doesn't affect their bottom line, and it would probably elicit bad publicity.

Yes, they claim it -- but as you said, that doesn't mean it's actually true.

It's rather impossible to sue people for making copies if they keep those copies to themselves, simply because it's impossible to find out. You'd need to search someone's house and computer in order to find out, which you'll never get the permission for. It's still interesting to discuss whether it actually conflicts with the law or not. In Germany, I'm pretty sure it doesn't, because all the law texts I read which had to do with stuff like that always stated "if not purely for private use" at some point. However, I know it can be very difficult to read a law correctly and I'm not an expert in that field.

Well, it depends on the country you live in.

For example, in Austria it's allowed, but in Germany not.
However, i hardly do it, and when, it's for a wii game i bought but can't dump due to my wii being broken.

(02-21-2012, 04:22 AM)Anti-Ultimate Wrote: [ -> ]However, i hardly do it, and when, it's for a wii game i bought but can't dump due to my wii being broken.

GASP! ^^

Downloading games (and other things) is illegal of course. But if you've been owning the game it should be "authorized" in one case at least I explain : let's take the example of the NES since it's been mentioned by Hansenderek. when your old good NES doesn't switch on any more you're glad to find an excellent emulator to do the job. It's the same thing for your cartridge (yes cartridge ). Not always easy to find'em back even in a good shop. For THIS case we should be indulgent

So what does nintendo suggest i do if i want to play Mario bros. on the NES and i dont have one? i should go and buy a nes and the cartridge in 2012, i dont think i've seen a console in 10 years which suddenly has me curious as to how the cartridge is actually converted to a .zip file on the computer

You just, err... zip the rom dump?