Can someone clear this up?

Discussion in 'GBA - Emulation' started by bluebowser31, May 10, 2010.

?

Is playing roms ilegal?

  1. Its ilegal, ALWAYS

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  2. Its NEVER ilegal

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  3. Its legal IF you own the game

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May 10, 2010
  1. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    Ive been told all 3 sides so many times ive lost count, one time we got into a 2 hour argument of whether playing roms are illegal, and online i find all 3 answers, so can someone please clear this up, and maybe give a short reason why? (dont copy and paste the declaration of independence or something stupid) and PLEASE dont link me to wikipedia...

    also, very sorry if this has been asked, but i didnt see it, and i would like to get a strait answer... (added poll to see what people that read but dont type think(like if your viewing this on the wii, where the keyboard scheme sucks))

    (i mean JUST playing them, not selling them or giving them away)
     


  2. BORTZ

    Global Moderator BORTZ wtf, nintendo

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    emus: legal
    Roms: illegal
     
  3. GreatCrippler

    Member GreatCrippler Greatness Fallen

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    You own the game, the EXACT game, and it is legal to play your own backed up roms. Otherwise, completely illegal.
     
  4. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    so if your make the copy yourself its legal!? wtf!?!?
     
  5. Vulpes Abnocto

    Former Staff Vulpes Abnocto Drinks, Knows Things

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    No.
    It's legal if you bought and paid for this game,
    and then make just one copy of it for a personal backup.
     
  6. GreatCrippler

    Member GreatCrippler Greatness Fallen

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    Or if the backup you have is identical to your own game. Who's to say who backed it up originally... Doesn't really matter at that point.
     
  7. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    so i went out and bought super mario world, super mario advanced 2, and now i went and donwloaded 1 rom of it... thats legal?

    but can i play it, even if my real game is perfectly ok? (u know government, so ill ask) (im asking what you mean by backup)
     
  8. Vulpes Abnocto

    Former Staff Vulpes Abnocto Drinks, Knows Things

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    No, because of the downloading.

    You can make the backup, and play the backup, with the original set aside for safekeeping.

    (at least the way I understand it)
     
  9. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    what about that guy up there?
    and who has the thing needed to copy games handy!? and besides, wouldn't the "crime" if u were caught, just be aiding in piracy, because u downloaded it? (well i did ask legaly, so this doesnt matter, i just saying that that would be the stupidest thing ive heard in a few years (the thing about have to copy it yourself... it seems like it should be illegal if own a thing to make a copy of it [​IMG])
     
  10. Vulpes Abnocto

    Former Staff Vulpes Abnocto Drinks, Knows Things

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    You're buying media or data that you wouldn't want to pay for twice.
    Problem is that the media deteriorates over time, when you use it. (Discs get scratched, etc.)
    Making a backup is the only way you can be sure your media will last.
     
  11. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    i get that, but think about it, i guarantee that nearly half of all people that own a device used to copy games will put them online. I mean why pay (im asuming alot) of money for something that you already payed for, and can get 4 free?

    so basicaly unless i want to spend maybe 100 dollars on hardware, i cant even download 1 copy of 1 game i paid for!??!
     
  12. CompC

    Member CompC GBAtemp Fan

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    Nintendo has a page on their site that talks about this…
    http://www.nintendo.com/corp/legal.jsp#download_rom
     
  13. Rydian

    Member Rydian Resident Furvert™

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    US Code, title 17, chapter 1, section 106.
    http://www4.law.cornell.edu/uscode/17/usc_...06----000-.html

     
  14. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    Which is why i started this topic /sigh
    and why do they always say 24 hours lol? is it some type of free trial [​IMG]

    seriously though, it would be very funny to know the crime of downloading a rom of a 20 year old game that you own.

    well i guess we can close this one unless anyone has any other ground breaking info that makes me feel worse about myself [​IMG]

    also on that site:
    OH MY MOTHER! so i could legaly pay more than 45,000 dolars for downloading super mario 64ds?!? man some parts of the gorvenment need some work...
     
  15. GreatCrippler

    Member GreatCrippler Greatness Fallen

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    Whereas technically the downloading and playing is illegal, if the rom is identical to a game you own, they can do nothing to you. They have zero way of proving you didn't rip it yourself, and any company would be foolish to pursue someone for playing a rom of a game that they personally own.
     
  16. Infinite Zero

    Member Infinite Zero Almost!

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    simple.
    if you own the original game
    then downloading that rom isnt illegal
     
  17. Dangy

    Member Dangy Twisting Your Mind & Smashing Your Dreams

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    The 24 hour thing is just an example for when you rent a game.
     
  18. bluebowser31
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    Member bluebowser31 GBAtemp Regular

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    just to recap:

    US Code, title 17, chapter 1, section 106.
    http://www4.law.cornell.edu/uscode/17/usc_...06----000-.html

    QUOTE
    [...] the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
    (1) to reproduce the copyrighted work in copies or phonorecords;


    The Us Copyright Office has a nice FAQ up.
    http://www.copyright.gov/help/faq/faq-fairuse.html#p2p
    QUOTE
    Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

    Wikipedia's Copyright term extension act article:
    http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
    QUOTE
    The Act extended these terms to life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint is earlier

    Which if i understand that, it means we have to wait for the creator of the game to die, then at least 70 years later, to legaly play the rom.

    My only question left is: so does all of that mean that is ilegal to even rip it yourself? or because you own it and only you use it, isnt it your legal right to copy it?

    Its kinda funny if you think about it, based on this^^, its ILlegal to use a rom of a game you bought, but its LEGAL to use homebrew... funfact...
     
  19. thaddius

    Member thaddius Charmander is not pleased.

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    Technically this is not legal either... sorta.

    When you purchase a game system you are usually agreeing to an end user liscence agreement that says that you won't do anything 'unauthorized' to\with the system. For that reason the company that made the game system is capable of suing you if you run homebrew on their system (so long as hombrew is specifically outlined as unauthorized in said end user liscence agreement).

    According to such agreements you do not own any game, movie, game system, etc., you are merely borrowing them, under liscence, from the manufacturer.
     
  20. Rydian

    Member Rydian Resident Furvert™

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    The "24 hour" thing is totally false, it's a lie, the ROM sites made it up, it's got no legal base at all.

    You're not allowed to download a ROM even if you own the game, either. YOU can MAKE a copy. Downloading somebody else's is not making it.
     

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