Is this legal...?

[Kirsdarke]

Is it even legal to download roms of games that I don't own? Obviously everyone says it's illegal to download GBA games, but I have heard that if you own a copy of the game then it's legal to posess one backup copy that you made, not downloaded. Also does the same thing apply to N64 games, PS1 games, Genesis ect...?

And if it's so illegal to download GBA roms, why are there so many sites that allow you to do it?

[Kameo]

No-one really cares if U R downloading those Games or not, they just don't like it if people share what ever they download. It's not very likely they will prosecute U for downloading some ROMz, not even the ones U have no original of, takes them too much time and it costs them too much money. They go for the real pirates, the people who steal blockbuster Games, like Razor1911 when he stole the Halflife 2 source code and leaked it to the community.

Just download what ever U'd like, there's no way they can tell what U R downloading, but they do find out a lot easier what U R sharing with others, so keep sharing to a minimum and tell them where they can get it themselves if U feel worried about getting busted. I myself am from Holland, rules R not that strict here, atleast not for what I'm sharing :D ....

[Neo Gaara]

Every thing you do is illegal. Just looking at the site is illegal, breathing is illegal, scratching your nose: Illegal
Drinking water: Illegal
Thinking dirty thoughts: Illegal
Having any fun of any kind: Illegal.
I hope this clears things up for you.









J/k yeah, it is illegal but like Kameo said they don't really care cause they aren't really losing any money on old games. So no real skin off they're noses.
Just as long as you have the chance to actually buy the game instead of just bootlegging it was they really care out.

[pizzaman]

It's not illegal unless you get caught. ;)

I mean look at it this way. Millions of people download ROMs everyday. If they download a ROM that they don't own, how is anybody going to know? Do you think that cops are gonna go through a million houses to make sure that you downloaded the ROMs that you actually have? No. The only thing that would be illegal is if you download newer games. Like PS2 games. You'd get in big trouble for that, but it's hard to download them and the links are almost always deleted right away.

[Kirsdarke]

Yeah I kinda got the feeling about them not caring about old games being downloaded. But if that's true, why are ESA games so heavily guarded against being downloaded? I own a copy of LoZ:OoT and MM, Super Mario 64 and many other ESA games but I can't download them. Why not?

[Iconoclast]

Yeah I kinda got the feeling about them not caring about old games being downloaded. But if that's true, why are ESA games so heavily guarded against being downloaded? I own a copy of LoZ:OoT and MM, Super Mario 64 and many other ESA games but I can't download them. Why not?For more legal information regarding this topic, you might want to read this.

http://www.nintendo.com/corp/legal.jsp

As you can see, Nintendo takes this very seriously.

[Kirsdarke]

Yeah that site makes it pretty clear but it really doesn't seem like they care. Sounds more like their trying to scare people into not downloading/providing roms. But if everything they said were true then this site along with many others would be in a great deal of trouble right now...

[pizzaman]

Yeah that site makes it pretty clear but it really doesn't seem like they care. Sounds more like their trying to scare people into not downloading/providing roms. But if everything they said were true then this site along with many others would be in a great deal of trouble right now...
I COULD NOT HAVE SAID IT BETTER MYSELF! They are trying to scare you out of not downloading them. The only people that could get in trouble( Like Kameo said ) would be the people that upload them. Like website admins and such, that's why our site's admin doesn't host ESA protected games.

[Kirsdarke]

I COULD NOT HAVE SAID IT BETTER MYSELF! They are trying to scare you out of not downloading them. The only people that could get in trouble( Like Kameo said ) would be the people that upload them. Like website admins and such, that's why our site's admin doesn't host ESA protected games.
Does that mean if for some reason I bought a server and started hosting my own rom site I could potentially end up in alot of trouble?

[noodles]

Quite possibly, yes, but it isn't likely unless your website *really* caught on with the emulation community and started receiving mass traffic. In that case, you might begin to raise a few eyebrows.

[Lewis]

It's not illegal unless you get caught. ;)

I mean look at it this way. Millions of people download ROMs everyday. If they download a ROM that they don't own, how is anybody going to know? Do you think that cops are gonna go through a million houses to make sure that you downloaded the ROMs that you actually have? No. The only thing that would be illegal is if you download newer games. Like PS2 games. You'd get in big trouble for that, but it's hard to download them and the links are almost always deleted right away.


how would someone get caught and what would happen?

[pizzaman]

how would someone get caught and what would happen?
You can't get caught. Like I said before, it's not like people are gonna go raid your house to see if you have the games for the ROMs that you downloaded.

But IDK what happens if you get caught. I know that copyright laws here state that if you copy or distribute something illegally then you can go to jail for 5 years and/or pay a fine of $250,000.

[Lewis]

has any one ever been busted for it?

[FERGUS_MANERGUS]

Zomg!! Im In Jail!!!! Sombody Get Me Out!!!!!!!!!!!!!!!!!!!!!

[pizzaman]

has any one ever been busted for it?

The only way someone could get "busted" is if they upload ESA protected ROMs, or illegal ISOs.

[Louii]

What about when Wii comes out? All SNES games will be on sale once again.

[Kameo]

I'll just assume none of U has been on SNES o Rama ;) ......

[metalstormds]

Hey someday this will all be legit

Haven't the Copyrights for Old Games Expired?

U.S. copyright laws state that copyrights owned by corporations are valid for 75 years from the date of first publication. Because video games have been around for less than three decades, the copyrights of all video games will not expire for many decades to come.

[Iconoclast]

Emulators and emulation of Nintendo"s ROMs are not illegal. Now, COPYING them is illegal, UNLESS your copying them follows the requirements of the Backup/Archival Copy Exception, where you are allowed to make a copy of your game. Emulating the ROMs for the N64, for example, is not illegal. Downloading them from the Internet, now that is illegal, because it breaks copyrights. If you copied the ROM file from your actual N64 game cartridge, there is debate about that on whether or not Nintendo is lying about the devices used to do that are legal or not, but it would seem that that IS legal. Even so, by proving ROM files, ESA-protected or not, this is going against the law. ESA ROMs and ISOs are no more illegal than all other ROMs and ISOs.

[pizzaman]

Downloading ROMs is not illegal if you own the original cartridge. If not, then you have to delete the ROM within 24 hours.

[Iconoclast]

Downloading ROMs is not illegal if you own the original cartridge. If not, then you have to delete the ROM within 24 hours.Uh, actually, it is VERY illegal to download ROMs if you own the actual cartridge.

[pizzaman]

Uh, actually, it is VERY illegal to download ROMs if you own the actual cartridge.
Uh, actually, it isn't illegal at all. ;) Now, this is only concerning non-ESA protected ROMs.

Edit: Where the hell did you get that it was illegal?

[Iconoclast]

Uh, actually, it isn't illegal at all. ;) Now, this is only concerning non-ESA protected ROMs.

Edit: Where the hell did you get that it was illegal?Uh, actually, you are making up crap or you got it from an unofficial source. ESA ROMs are no more illegal than regular ROMs; its just that the ESA is also helping Nintendo prevent infringement of downloading these ROMs.

YOU WANT PROOF? HERE YOU GO!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.Even ask admin. He knows its illegal.

[pizzaman]

Uh, actually, you are making up crap or you got it from an unofficial source. ESA ROMs are no more illegal than regular ROMs; its just that the ESA is also helping Nintendo prevent infringement of downloading these ROMs.

YOU WANT PROOF? HERE YOU GO!Even ask admin. He knows its illegal.
Then, may you explain why we can host ROM files, and why this disclaimer from an anonymous site states that it's legal if you go by these regulations?

http://img180.imageshack.us/img180/3443/prooflg6.png

Or how about this bit of information from Wikipedia? I think Nintendo is just being an arse. Explain why we can freely download all these ROMs and this site is still up?

The vast majority of computer & video games from the history of such games are no longer manufactured. As such, the copyright holders of some games have offered free licenses to those games, often on the condition that they be used only for non-commercial purposes. For example, two of the games emulated in MAME, Gridlee and Robby Roto, have been made available under such licenses. As such, they are made freely available from the MAME Home Page.

There are also homebrew ROMs available for many systems. These ROMs are unequivocally legal to distribute and run, per the creator's license.

[Iconoclast]

The vast majority of computer & video games from the history of such games are no longer manufactured. As such, the copyright holders of some games have offered free licenses to those games, often on the condition that they be used only for non-commercial purposes. For example, two of the games emulated in MAME, Gridlee and Robby Roto, have been made available under such licenses. As such, they are made freely available from the MAME Home Page.

There are also homebrew ROMs available for many systems. These ROMs are unequivocally legal to distribute and run, per the creator's license.Uh, excuse me, but are you saying Nintendo gives CoolROM.com license to host Nintendo"$ ROM files? I think you need to read your 'evidence' more closely.Then, may you explain why we can host ROM files, and why this disclaimer from an anonymous site states that it's legal if you go by these regulations?

http://img180.imageshack.us/img180/3443/prooflg6.png

Or how about this bit of information from Wikipedia? I think Nintendo is just being an arse. Explain why we can freely download all these ROMs and this site is still up?That image is pure crap. Pure ****ing crap. IDK why you called it anonymous and gave me an image instead of a link to the web page where that text came from (because you forged the image?), but even if it is real, I don't care. I know all about that set of rules for downloading ROMs. I remember, yes, CoolROM.com had that on its agreement page before you went to download a ROM. But according to jambog, Kameo, and some emulation officials from EmuTalk.net, that is a false contract made up by some bozo who wanted to try to hide the fact that providing the ROM files was legal by making up their own rules. The bozo part is my opinion, but it is a false contract. jambog says that part about Bill Clinton signing that thing, that law doesn't exist in the U.S. constitution ANYWHERE.

I've said it before, man, and I'll say it again: There is a lot of misinformation on the Internet. You are not proving downloading [B]copyrighted material[B] is actually somehow legal by posting either invalidly false or irrelevant sources of other webmasters' moronicy. Nintendo may be acting like an arse about having their ROMs emulated, but they are telling the truth. Copying the ROM files from the actual N64 cartridge is legal. Uploading the copyright-protected cartridge software into dumped ROM files, now that is illegal, because it is copyright-infringement. That is the most OBVIOUS U.S. software piracy law; I cannot believe you would actually go against that. Downloading them is also illegal, by an extension of software piracy law.

[pizzaman]

Uh, excuse me, but are you saying Nintendo gives CoolROM.com license to host Nintendo"$ ROM files? I think you need to read your 'evidence' more closely.That image is pure crap. Pure ****ing crap. IDK why you called it anonymous and gave me an image instead of a link to the web page where that text came from (because you forged the image?), but even if it is real, I don't care. I know all about that set of rules for downloading ROMs. I remember, yes, CoolROM.com had that on its agreement page before you went to download a ROM. But according to jambog, Kameo, and some emulation officials from EmuTalk.net, that is a false contract made up by some bozo who wanted to try to hide the fact that providing the ROM files was legal by making up their own rules. The bozo part is my opinion, but it is a false contract. jambog says that part about Bill Clinton signing that thing, that law doesn't exist in the U.S. constitution ANYWHERE.

I've said it before, man, and I'll say it again: There is a lot of misinformation on the Internet. You are not proving downloading [B]copyrighted material[B] is actually somehow legal by posting either invalidly false or irrelevant sources of other webmasters' moronicy. Nintendo may be acting like an arse about having their ROMs emulated, but they are telling the truth. Copying the ROM files from the actual N64 cartridge is legal. Uploading the copyright-protected cartridge software into dumped ROM files, now that is illegal, because it is copyright-infringement. That is the most OBVIOUS U.S. software piracy law; I cannot believe you would actually go against that. Downloading them is also illegal, by an extension of software piracy law.
I never said anything about proving it, I was asking you to prove it. And as a matter of fact, I'm not posting the website because it has ESA protected ROMs. Why the hell would I make something like that up?

[chaos master]

I know all about that set of rules for downloading ROMs. I remember, yes, CoolROM.com had that on its agreement page before you went to download a ROM. But according to jambog, Kameo, and some emulation officials from EmuTalk.net, that is a false contract made up by some bozo who wanted to try to hide the fact that providing the ROM files was legal by making up their own rules. The bozo part is my opinion, but it is a false contract. jambog says that part about Bill Clinton signing that thing, that law doesn't exist in the U.S. constitution ANYWHERE.


Wow, so that's why we don't have that anymore....

[pizzaman]

okay guys lemme just clear up this confusion once and for all:
Yes I know, I read that. But that doesn't clear up why this site isn't shut down if it is illegal.

[Iconoclast]

Yes I know, I read that. But that doesn't clear up why this site isn't shut down if it is illegal.
Nintendo doesn't have the proper authority to shut down this site. The ESA either don't know that it is illegal (unlikely), think that Nintendo is being too strict and decided, hey, let them host and download ROMs (unlikely), or the AGREEMENT you posted gave the ESA an excuse not to persecute sites like this (likely):For controversial reasons, if you are affiliated with any government, ANTI-Piracy group or any other related group, or were formally a worker of one, you CANNOT enter this website, cannot access any of its files, and you cannot view any of the HTML files. If you enter this site, you are not agreeing to these terms, and you are violating code 431.322.12 of the Internet Piracy Act signed by Bill Clinton 1995, and that means you CANNOT threaten our ISPs, or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with this page, which includes family, friends, or individuals who run or enter this website.What a coincidence! Because ALL of those things highlighted in red are things that can shut sites like this down for COPYRIGHT-INFRINGEMENT PIRACY REASONS! It all makes sense, now, doesn't it? The agreement is fake, and the ESA either believes its real or, for some reason, isn't taking FULL action.And as a matter of fact, I'm not posting the website because it has ESA protected ROMs. Why the hell would I make something like that up?Why the hell would you ask me questions that have obvious answers to them? So suspicious, you better watch your playing dumb.

And that is so retarded; I post a complete summary as to why hosting and downloading ROM files is illegal, and just because you can't argue with that logic, all you can say is stupid remarks and pathetic corrections just to give yourself something to reply to my post about? The argument is lost; you have nothing valid to say to me.I never said anything about proving it, I was asking you to prove it.What the ****? Would you just do this for me?

Press Ctrl+F in the previous page of this thread.
Search for the word "prove" in that entire page, and see how many results you get and the only user who even USED that word in their posts on this page.
Stop making up crap.You just contraditcted yourself, too. "Duh, I never SAID anything about proving it, I was ASKING you to prove it!"

[chaos master]

if the government knows it's illegal, the site knows it's illegal, and you know it's illegal, why are you still downloading? what motivates to you be a part of this?

this is something to be thought about, but there's your answer.


Great googly moogly! Should I run from this place and never return? Is that so far-fetched?

[Iconoclast]

Great googly moogly! Should I run from this place and never return? Is that so far-fetched?Uh, you are really confusing me...are you advertising or something? I have no idea wtf you're talking about, but my post had more detail about why this site wasn't shut down than his did, so I don't know why you skipped my reply and responded only to his.

Are you being sarcastic in that post? I mean, its like, wtf....

[Hey]

"Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate."

I'm sorry, but whoever wrote that is incompetent. They would be generating revenue and profit if they made available for download ROMs of games such as the old Ice Hockey, which they no longer profit from, and charge a few bucks for it. It's the same business principle for iTunes, and that makes "business sense."

[harger]

Then, may you explain why we can host ROM files, and why this disclaimer from an anonymous site states that it's legal if you go by these regulations?

http://img180.imageshack.us/img180/3443/prooflg6.png

Or how about this bit of information from Wikipedia? I think Nintendo is just being an arse. Explain why we can freely download all these ROMs and this site is still up?
is that site even real??