Game transfer legality

Discussion in '3DS - ROM Hacking, Translations and Utilities' started by Gameboyandwatch, Mar 2, 2017.

  1. Gameboyandwatch
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    Gameboyandwatch GBAtemp Regular

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    Is it legal to dump my carts to .CIA, and copy that file and install it onto another 3DS I own? As far as I know it isn't illegally uploading or downloading, and it's not freeShop.
     
  2. SpongeFreak52

    SpongeFreak52 GBAtemp Fan

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    In the US? No, you've paid for one copy of the software and are creating an unauthorized second copy.

    Is anybody going to come after you? No.
     
  3. SpiffyJUNIOR

    SpiffyJUNIOR GBAtemp Regular

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    Nintendo won't chase you for it,but I wouldn't post a link to one on here.
     
  4. Slashㅤ

    Slashㅤ GBAtemp Regular

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    Can't you just switch your game carts between the two 3DS consoles?
     
  5. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    Legal, not really. Are they going to go after you? No.
    If you don't upload it, they won't go after you. For starters, it's not really possible for them to know you did it, unless you upload and include a picture of your face and recipe.
     
  6. Dr.Hacknik

    Dr.Hacknik Maniac | Dev | A Fellow (lewd) Megumin

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    Will the Nintendo Ninja's come after you. Well, no~

    Is it legal? No....Sadly

    Just do what you what you want, but don't post any links here.

    They're always watching though:
     
  7. Gameboyandwatch
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    Gameboyandwatch GBAtemp Regular

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    That doesn't really make sense though. So does that mean it's illegal to make backups too? It's the same as using a backup of a game if your console breaks, so what's the big deal?
     
  8. daxtsu

    daxtsu GBAtemp Guru

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    I'm not a lawyer, but being allowed to make a backup of your games depends on where you live, and even then, it's usually restricted to only one backup copy (or the usage of one backup copy only). You have a license for one copy of the software (per game/number of carts owned), so using it on two devices would be against the spirit of the whole thing, but honestly, I wouldn't stress much over it.
     
  9. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    The legality of making your own backups seems to be literally all over the place and be best described as, "Just don't be the one uploading the games."
    If you backup your own games, no one cares. If you give someone else those backups, that's technically against the law.
     
  10. Gameboyandwatch
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    Gameboyandwatch GBAtemp Regular

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    So backing the games up is illegal?
     
  11. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    ¯\_(ツ)_/¯ It really depends on where you live. Copyright laws are a muddy area with grey zones all over the place.
    Here's what Nintendo has to say about it.
    http://www.nintendo.com/corp/legal.jsp

    Really, if you backup your own game and don't upload it, no one cares. Only Nintendo would care and you have to personally bring them your shit and be like, "LOOK AT ME! I DUMPED MY OWN GAMES!! LOOK AT ME NINTENDO-KUN!!"
     
    Last edited by Lilith Valentine, Mar 2, 2017
  12. FAST6191

    FAST6191 Techromancer

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    Most places will allow you to have a backup of your media and use that instead of the original. Likewise having a cart and installing it as a CIA before sticking the cart in a drawer would fall under "format shifting" provisions.

    There can be some complications where protections are involved but most ignore those, as a site we generally do.

    Setting it all up such that your single cart can be used to play multiple copies of the same game starts becoming legally troubling. It would only really be a problem if multiple games were played at the same time (you can't install it as a cia, stick the cart in another 3ds and play multiplayer). It would probably be easier to consider software on business computers at this point -- if I want something for my 400 users I call someone up and say I have 400 users*, they say fine pay us ??? and we will issue 400 licenses. They don't send me 400 CDs in most cases and instead I am allowed to use it for those 400 from my one CD/download. In games though the license for the software is linked to the cart/disc, or account/device in the case of downloadable games, and that is what gives you the right to play the game within the law.

    *in the real world it might not be users and might be CPU cores or chairs or something else entirely, it is a nightmare (such that many businesses have someone in IT who has a sole full time job of making sure licenses are good) but I will leave it at the simplified example for now.