Is downloading Pokemon rom hacks on the 3DS illegal?

Discussion in '3DS - ROM Hacking, Translations and Utilities' started by loopsbee8, Jul 19, 2017.

  1. loopsbee8
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    loopsbee8 Member

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    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...
     


  2. supercarotte

    supercarotte GBAtemp Advanced Fan

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    It's not légal tout download à complete cia since part of it are original, copyrighted files from the original game.
    If you download à .Zip archive which contains only the new edited files from the romhack, extract the cia from à copy of thé original game that you own and replace the needed files with those from the .Zip it's probably légal in most countries.
     
  3. XXXTORTELLINI

    XXXTORTELLINI ╰( ͡° ͜ʖ ͡° )つ──☆*:・゚

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    No Idea
    Can't tell you that because I have no experience in the legal field but I can tell you that downloading and installing the Pokemon Prism CIA won't get you arrested.
     
  4. pustal

    pustal Koalafied member.

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    I guess that'd depend on the country you live in. In broad terms, if it used original copyrighted material without permission and published it may not be legal. Depending on where you are though, the illegality may fall on the person who published it though. To escape this often modders only distribute the mods themselves with a modding script or tool, which escapes thr illegality of it.
     
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  5. nero99

    nero99 GBAtemp Advanced Maniac

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    Rom hack patches are legal. The rom/.cia itself are illegal to download. But who here doesn't pirate 3ds games?
     
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  6. loopsbee8
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    loopsbee8 Member

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    I don't...
     
  7. HamBone41801

    HamBone41801 K35

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    well, as far as I know. the only publishable-by-law thing would be to redistribute said files. now, ninty can ban you or whatever, but I don't think they can take legal action as long as you don't post it online.
     
  8. Nightwish

    Nightwish GBAtemp Fan

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    As pustal said, it depends on where you do it. In the US it's illegal, in Portugal it's legal, for example. In any case, I don't know of anyone anywhere that got punished for downloading only.
     
  9. 0x40

    0x40 GBAtemp Regular

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    No, it's illegal everywhere in the EU and the US.
     
  10. Beerus

    Beerus Gbatemp's God Of Destruction

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    its ilegal the space police will get you cus u are still using nintendo sounds and models
     
  11. soprano1

    soprano1 GBAtemp Regular

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    It's not that it's legal, it's just that it's been unofficially stated by investigators and some judges that they have too much work on their hands to deal with those situations, so the Public Ministry won't make a case of it. Now, if you make lots of money on ANY illegal activities, you will be investigated and most likely go to court to be prosecuted.
     
    Last edited by soprano1, Jul 19, 2017
  12. Majickhat55

    Majickhat55 The Red Woman

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    Like everyone else said it really depends on where you live, but it's still a bit of a grey area when it comes to ROMs. For the most part, creating your own ROMs and using them is legal in terms of private usage. It can become illegal once it is shared with other people. The thing about being the end user is that even if you downloaded it, the law normally cares about who is uploading it more so. So yes, it's technically illegal but will you be prosecuted for it? No.

    Rom hacks carry the same laws under copyrighted content. Even if you were to say build a brand new Pokemon game as seen with Prism and release it while using others content, it's infringement. This isn't always true, when you could create something while making it completely unique based on copyrighted work. That would fall under a "derivative work" where it is legal because enough of the content is brand new. Look up the Mustache Mona Lisa if you want to know what I mean.
     
  13. soprano1

    soprano1 GBAtemp Regular

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    Don't know about legality, but yeah, this is pretty obvious.
     
  14. Majickhat55

    Majickhat55 The Red Woman

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    It's still a grey area because the tools needed to dump games etc are normally illegal. Especially since a lot of media has DRM protection that needs to be bypassed before a copy can be made. So it's not exactly common sense.
     
  15. wormdood

    wormdood pirate booty inspector

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    how many times must i see these threads
    now as someone who "does not" pirate games you should already know its illegal as the nintendo eula that you agreed to says so
    plain and simple you cant legally modify the console or its games legally

    and whats with all these "it depends on your country" answers bull if i break a Japanese law then i am still a criminal it matters not if i live in the usa all that means is i will likely get away with my crime but does not remove my criminal status . . . think people . . . think
     
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  16. 0x40

    0x40 GBAtemp Regular

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    Yeah, no. Nintendo's Eula is not a law, but a license agreement. There's a bit of a difference there...

    You're not serious, are you?
     
  17. wormdood

    wormdood pirate booty inspector

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    why do you think they get it licensed in the first place? for fun . . . its a contract and that alone gives it validity
    if you are asking this i am not sure you know what illegal means
     
  18. 0x40

    0x40 GBAtemp Regular

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    It doesn't matter what Nintendo's Eula says if it's not enforceable in the jurisdiction you're in. Nintendo's Eula isn't some sort of global law that everyone has to abide by.

    I'm no lawyer, but I'm pretty sure that for something to be illegal, there has to be an applicable law that forbids doing that thing.
     
  19. Yepi69

    Yepi69 Vivid and busy gamer

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    Behind you
    #tugas
     
  20. Pleng

    Pleng GBAtemp Advanced Maniac

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    What the? I don't even? Are you...?

    So all these people who go out drinking in the UK on their 18th birthday are lawbreakers because it's illegal to drink in some countries until you're 21? Not to mention all the women all over the world who leave the house with their face uncovered? Filthy criminals, the lot of them?

    think, man. Think!
     
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