Gaming Legal or Illegal? - Owning Gameboy Repros and the Like

[7ank0v1c]

I have an interesting discussion point which I would like to get to the bottom of:

As we all know, people who sell repro's of Gameboy games and the like are breaking the law and are liable to be prosecuted.

But... as a buyer... is it actually illegal for an individual to own one of these repros?

 

[tpax]

I'll allow that, so it's legal.

 

[Ryccardo]

I don't know British&Welsh law specifically, but as a rule of thumb in most developed countries (and a quick search for "buying pirate cds uk" seems to agree, though barely) the big crime is in manufacturing/uploading/selling, leaving personal consumption a civil-only issue (prosecutable only under the request of the actual victims, who have to reasonably but not beyond-any-doubt prove their damages)

Having bought what you personally knew to be (and/or a reasonable average GB game buyer nowadays would know to be) a pirate product could put you worse off, though

Of course in a free country (though we could start an endless debate on the UK's oppressive regulation of private life), all of the above only applies after being caught and sent in court

 

[KleinesSinchen]

Is downloading ROMs of commercial games legal?
Is sharing ROMs with your friends legal?
No.

"Repros" are like burned copies of commercial DVDs. You buy a storage medium containing copyrighted material without license from the proprietor and without paying them. Copyright laws are pretty strict and one-sided nowadays in most countries so there is not much room for discussion about legality.

Obtaining copyrighted material without approval of the proprietor = illegal.
(very few exceptions depending on national laws)

However, the risk for the end user is in practice pretty low in my opinion. Even Nintendo does not seem to care (I have found Earthbound cartridges on internet auctions claiming to be "PAL version" which never officially existed).

Spoiler: Similar questions, but slightly off-topic

My critique on the status quo is mostly about the duration of copyright. Your example GBA games fits.

Are these laws good/fair?
Does this make sense?
What is the point of protecting work for soooooo long?
What is the point of protecting intellectual property when licenses are not for sale anymore?
[Hey, somebody was willing to pay, but the rightsholders didn't want the money]

 

[tpax]

Is sharing ROMs with your friends legal?
No.
[/SPOILER]

Yes, it is legal, at least in Germany. It's called "Privatkopie", and you're allowed to share a copy of something you've purchased with a friend. You're even allowed to share a copy of a copy you've received from a friend, as long as someone in this chain has purchased the original and there is no commercial purpose behind the copying process.

 

[KleinesSinchen]

Yes, it is legal, at least in Germany. It's called "Privatkopie", and you're allowed to share a copy of something you've purchased with a friend. You're even allowed to share a copy of a copy you've received from a friend, as long as someone in this chain has purchased the original and there is no commercial purpose behind the copying process.

This may work for a book or an audio CD. As soon as we get to CSS "protected" DVDs we get to the anti-circumvention law, which makes the first copy illegal. For software special rules exist.
https://de.wikipedia.org/wiki/Privatkopie#Software

Neither the (positive) right to make private copies nor the (negative) anti-circumvention law UrhG (§95a) are applicable in Germany on software. See also §69a UrhG ff. Which means – as I as layperson understand this: As long as I have a valid license I am allowed to make backup copies of software no matter if DRM is present – but I may not share software (with or without DRM) with friends.

Jura is a minefield, so I can't guarantee these interpretations are correct ( I AM NOT A LAWYER!)

 

[7ank0v1c]

...As long as I have a valid license I am allowed to make backup copies of software no matter if DRM is present – but I may not share software (with or without DRM) with friends.

I am assuming this is strictly in regards to "Privatkopie" in Germany? In the UK I am not sure we are legally allowed to make backup's of software with DRM? You might know better though?

off subject now though haha.

The reason I initially thought of this topic was because I recently bought a repro and English translation of Pokemon Green on the gameboy. I then backed up the game using my Retrode, but thought I am actually not sure on the legality of this?

Edit: Thinking about it I may be getting DRM confused with somethings else. What is the thing companies put on their products digitally to stop you from copying a digital version of the game? like from the PSN store? Is this DRM?

 

[Ryccardo]

The reason I initially thought of this topic was because I recently bought a repro and English translation of Pokemon Green on the gameboy. I then backed up the game using my Retrode, but thought I am actually not sure on the legality of this?

Normally the usual teasoning of "the backup of your legally (currently) owned copy of the game is indeed legal as long as you continue owning it" would apply - however that's assuming your original is actually so, which it isn't (and while China/whatever at least nominally is in the Berne convention, the international aspect of the affair makes the hypothetical case even less obvious to predict)

Of course if "you"* didn't post this, nobody would have suspected a thing

* = I don't think the guv'mint knows of a citizen called "7ank0v1c" and even then it's no proof that your account is being operated by you

 

[7ank0v1c]

Indeed.... haha

 

[Deleted User]

It's the same as with downloading.