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

[AmandaRose]

how many times must i see these threads
now as someone who "does not" pirate games you should already know its illegal as the nkintendo 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

No you are wrong it does depend on the country you are in. Here in Scotland Sony and Microsoft just lost a huge court case where they were refusing to fix in warranty consoles that had been modded then had broken down. Here in Scotland we have a law that states it is perfectly legal to modify anything you own and that EULA's are not legal. Sony and Microsoft have now been forced to repair or replace all modded machines they refused to fix and they have also been ordered to pay compensation to the people who they refused to fix. Some other countries especially in Europe are currently going through the process of making EULA's illegal too. So it really does depend on which country you are in. Especially here in Britain where EULA's are illegal in Scotland but not in England/Wales/or Northern Ireland

 

[wormdood]

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!

laws still are laws even when not enforced just because my country does not respect your country's laws does not erase the law. it means my country does not enforce them, the laws themselves still exist and i can still violate them becoming a criminal in your country's eyes but not in my own country's opinion
this in no way makes violating the law quote legal in my mind but i just like my country i simply dont care!

 

[Pleng]

laws still are laws even when not enforced just because my country does not respect your country's laws does not erase the law. it means my country does not enforce them, the laws themselves still exist and i can still violate them becoming a criminal in your country's eyes but not in my own country's opinion
this in no way makes violating the law quote legal in my mind but i just like my country i simply dont care!

So you're seriously saying that people in my two examples are criminals?

You really need to read up on how law works... Nothing to deep, just the basics, as you clearly lack the ability to apply common sense to come up with a reasonable assessment of how things work.

Calling people out on well proven, well understood (by everyone else) concepts when you have no idea what you're talking about is a very bad idea.

 

[0x40]

laws still are laws even when not enforced just because my country does not respect your country's laws does not erase the law. it means my country does not enforce them, the laws themselves still exist and i can still violate them becoming a criminal in your country's eyes but not in my own country's opinion
this in no way makes violating the law quote legal in my mind but i just like my country i simply dont care!

Laws don't apply to people that aren't within the jurisdiction of that law. You can't violate a law that doesn't apply to you.

 

[The Catboy]

Technically under the US DMCA simply modifying 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

 

[wormdood]

Calling people out on well proven, well understood (by everyone else) concepts when you have no idea what you're talking about is a very bad idea.

Laws don't apply to people that aren't within the jurisdiction of that law. You can't violate a law that doesn't apply to you.

where do you two think the concept "legal jurisdiction" came from a country (area/judge/ect) decide not to respect the laws of others . . . you know what . . . im done @Pleng you dont use common sense and then want to insult my intelligence . . . congratulations . . . here is your sign!

 

[Deleted member 377734]

yes, it's illegal, but the chances anyone will actually catch you are 1 in a million, that said, it's safer to download a .ips patch that the patched Rom itself, but since your going to apply it to a downloaded Rom anyway, go right ahead.

 

[Seliph]

If you live in the U.S it isn't

 

[Pleng]

where do you two think the concept "legal jurisdiction" came from

It came about to try and explain to people like you that it's not possible to break a law unless you're residing within the area to which it applies. Most people seem to have gotten it... I guess there are always exceptions!

Just try it... Find an American between the ages of 18 and 20 on holiday in England. Get photographic evidence of them consuming alcohol in a bar then take it to a police station back in the US to report the crime. Apart from laughing you out the building, they might just be kind enough to tell you that they can't prosecute because no crime has taken place

 

[wormdood]

It came about to try and explain to people like you that it's not possible to break a law unless you're residing within the area to which it applies. Most people seem to have gotten it... I guess there are always exceptions!

Just try it... Find an American between the ages of 18 and 20 on holiday in England. Get photographic evidence of them consuming alcohol in a bar then take it to a police station back in the US to report the crime. Apart from laughing you out the building, they might just be kind enough to tell you that they can't prosecute because no crime has taken place

its illegal in america to go to another country with intention to commit a act that would not be considered there but is illegal in the usa so if he only went for that reason and i had evidence of that . . . i know this is more realistically applied to child molesters but your example fits the bill perfectly

 

[Pleng]

its illegal in america to go to another country with intention to commit a act that would not be considered there but is illegal in the usa so if he only went for that reason and i had evidence of that . . . i know this is more realistically applied to child molesters but your example fits the bill perfectly

Can you provide a link to this legislation? I'm aware that many countries have argeements in the specific case of sex offences but I haven't heard of any country having a blanket rule.

Anyway even if that is the case then an American law has been broken... Substitute America for Malaysia, then, and repeat the exercise.

 

[wormdood]

It came about to try and explain to people like you that it's not possible to break a law unless you're residing within the area to which it applies. Most people seem to have gotten it... I guess there are always exceptions!

Just try it... Find an American between the ages of 18 and 20 on holiday in England. Get photographic evidence of them consuming alcohol in a bar then take it to a police station back in the US to report the crime. Apart from laughing you out the building, they might just be kind enough to tell you that they can't prosecute because no crime has taken place

officers are not law books but law enforcers . . . if officers got it correct every time there would not be courts

again you dont need to insult me before each comment just because you feel personally insulted by my general comment to the people telling them to think

edit: fuckin auto-correct i only said be once

 

[Nightwish]

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

I read the law, and I don't think it's changed since then, it's fine.

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

A contract doesn't make anything legal or illegal, it's a civil matter. If the clause is valid, which may or may not be depending on where you bought it, it just means the contract is over and any monetary retribution, in this case, would be to harsh/one-sided/whatever-the-legal-term-is to be enforceable.

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

You think. I can fuck a man, do oral sex and drink alcohol all I want in a civilized country without being turned into a criminal in Saudi Arabia whether now or as soon as I visit the country.

 

[Seliph]

According to my official lawyer paper it says "In the United States of America, is is legal however Nintendo will do whatever they can to shut down the distribution of the fan game. Not sure about other places though."

 

[wormdood]

no i never had a link but i will ask my mother if she still has the documentation she got from the usa courts when she was ejected from Canada for her criminal activity's . . . of course it was like 20 years ago those chances are slim . . . my point no i dont have a link because this is not just something i read online and decided to parrot this is something i have seen

 

[Deleted member 414991]

It's only legal if you personally dump the rom of pokémon crystal from your own cartridge, then patch it.

 

[Nightwish]

You're most likely confusing some details that we can't fill out for you.
"Cybercrimes", fuck that term, muddle shit by theoretically allowing you to commit a crime in a country you're not in (usually hacking sites, not modding consoles), and my understanding is that there's no framework for prosecution but that doesn't stop bullies (MAFIAA and pals) from abusing the system by buying politicians to do what they want anyway.

 

[Pleng]

officers are not law books but law enforcers . . . if officers got it correct every time there would not be courts

Ok repeat the exercise in every police station you can find, then hire a lawyer to take it to the supreme court...

again you dont need to insult me before each comment just because you feel personally insulted by my general comment to the people telling them to think

Where have I been insulting? I simply insinuated that you don't understand the concept of "legal jurisdiction" because your quoting it to try and prove your point in an argument when it actually completely disproves what you are saying. You're the one who came in with a condescending tone telling everybody who were quoting widely known and well accepting principles to "think first" before writing something totally incorrect. You're also the one who's resorted to name calling and posting silly pictures.

In reality if what you were saying was true pretty much everybody on this planet would be a criminal. It's not; and they aren't. If I break an American law outside of the USA that certainly doesn't make, as a UK national, a criminal. And, unless you can find evidence to back up your previous claims, it doesn't make a USA national a criminal either.

 

[The Catboy]

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.

 

[FAST6191]

No you are wrong it does depend on the country you are in. Here in Scotland Sony and Microsoft just lost a huge court case where they were refusing to fix in warranty consoles that had been modded then had broken down. Here in Scotland we have a law that states it is perfectly legal to modify anything you own and that EULA's are not legal. Sony and Microsoft have now been forced to repair or replace all modded machines they refused to fix and they have also been ordered to pay compensation to the people who they refused to fix. Some other countries especially in Europe are currently going through the process of making EULA's illegal too. So it really does depend on which country you are in. Especially here in Britain where EULA's are illegal in Scotland but not in England/Wales/or Northern Ireland

Heh, missed that one somehow. Guess I have some reading to do. There is a rough equivalent for many years usually seen in automotive circles which runs something like unless the mod caused the issue then the warranty still plays -- if I install nitrous on my car and the engine blows up they can tell me on my bike (or the bus as the case may be), however if I install nitrous and my boot latch fails or something they still get to fix it unless it is demonstrably the fault of the mods.
Equally it might not be EULAs are illegal per se but they may not apply in some situations, most notably a difference between a lot of Europe and US was that they did not apply if presented after the point of sale where the US often argued that they did.

Unless the OP dumps their own game, they are still committing the act of piracy.

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.