ROM Hack Is downloading Pokemon rom hacks on the 3DS illegal?

[The Catboy]

I see that mentioned a lot in these discussions. Never found the statute or the ruling that says that is the case though and can't really see where it would arise from, never found an equivalent case (say downloading a mp3 of something you have a CD for) and all the rulings that deal with this kind of fair use don't appear to mention anything like this. Dumping yourself is a simple way of dodging many of the problems (if I download a torrent then assuming I have not blocked uploading then I am now guilty of sharing copyrighted content too) but it does not seem to be the only way.

Also re pokemon prism. I read the legal document that got released around the same time. It was clearly a trademark affair which is a different matter.

Anyway back to wormdood not understanding the idea of Westphalian sovereignty.

I've never found a clear ruling for or against dumping your own games. My only guess being that it would be an extremely (if not impossible) law to enforce. So most likely no one's ever brought it up for a major debate because there's just no reasonable way to enforce it.

 

[paperhammer]

Technically under the US DMCA simply modifyin
g your system is actually against the law. Pokemon Prism is also technically illegal if you are downloading the pre-patched ROM, which contains the Pokemon Crystal ROM.
So technically everything you are doing right now is illegal

Holy shit.

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People, people, people.
Unless the OP dumps their own game, they are still committing the act of piracy. As well under the DMCA, simply modifying your system is actually against the law. If the OP downloads a prepatched version of the game, they are still breaking the law. No matter how you shake it, if the OP is in the US, they are breaking some law or another. If the OP is not in the US, then it fall under their country's copyright laws.
Before arguing over the legality of this situation, makes sure you know the location and the copyright laws in that location. Not every location has laws like the DMCA and some locations have laxer copyright laws.

I think it would help more the OP actually told us their general location so we can become familiar with the copyright laws in that general location.

Sorry miss, I live in Ireland. I hope I'm not bothering you by informing you about this whole mess of a thread

 

[osaka35]

Like, say if I wanted to download a .cia of Pokemon Prism onto my 2DS. Would that be illegal? I've checked online, and all I see are people debating over it. I want the clear answer...

Prism uses copyrighted materials, and changes it. The changed parts are usually legally fine, but the original copyrighted material is not.

As the .cia contains both, it is legally the same as installing the base game. So whatever laws hold for the original rom will hold for this.

If you already own the game, then don't worry about it. What's legal and what's morally okay aren't always the same thing. I say if you have already bought and paid for the original game (especially if you can buy the base game in the 3ds shop), then this romhack will be fine to install.

 

[The Catboy]

Sorry miss, I live in Ireland. I hope I'm not bothering you by informing you about this whole mess of a thread

I am not bothered It's helpful to have a solid understanding of a location's copyright laws before doing anything. Although I am not familiar with Ireland's copyright laws.

 

[Nightwish]

I've never found a clear ruling for or against dumping your own games. My only guess being that it would be an extremely (if not impossible) law to enforce. So most likely no one's ever brought it up for a major debate because there's just no reasonable way to enforce it.

If they're protected by an "effective measure", breaking it is illegal, even it's a password like 12345. The intent is not to go after private individuals, because that's a waste of time and money, but corporations and those that make tools to break the locks, like DECSS and the like. Even if they live and work abroad, because capitalists uber alles.

 

[The Catboy]

If they're protected by an "effective measure", breaking it is illegal, even it's a password like 12345. The intent is not to go after private individuals, because that's a waste of time and money, but corporations and those that make tools to break the locks, like DECSS and the like. Even if they live and work abroad, because capitalists uber alles.

Breaking it is the crime, but not dumping the game itself for personal backups. If the dump has and AP, breaking that AP is considered a crime although. The laws have always been rather vague in this regard.

 

[Nightwish]

Breaking it is the crime, but not dumping the game itself for personal backups. The laws have always been rather vague in this regard.

Well, sure, but dumping it without cracking it or running it on non-official software (which cracks for you automatically) is kind of pointless.

 

[The Catboy]

Well, sure, but dumping it without cracking it or running it on non-official software (which cracks for you automatically) is kind of pointless.

¯\_(ツ)_/¯ I am not the one who wrote these laws and most of them were written in the late 90's to early 2000's.
But it is pointless since most processes require circumventing copy protection. At the same time, no one is ever going to go after you for it, unless one is a complete moron.