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

[paperhammer]

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...

 

[supercarotte]

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.

 

[XXXTORTELLINI]

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.

 

[pustal]

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...

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.

 

[nero99]

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

 

[paperhammer]

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

I don't...

 

[HamBone41801]

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.

 

[Nightwish]

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.

 

[0x40]

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.

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

 

[Beerus]

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

 

[soprano1]

in Portugal it's legal, for example. In any case, I don't know of anyone anywhere that got punished for downloading only.

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.

 

[Majickhat55]

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.

 

[soprano1]

For the most part, creating your own ROMs and using them is legal in terms of private usage.

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

 

[Majickhat55]

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

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.

 

[wormdood]

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...

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

 

[0x40]

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

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

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're not serious, are you?

 

[wormdood]

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

why do you think they get it licensed in the first place? for fun . . . its a contract and that alone gives it validity

You're not serious, are you?

if you are asking this i am not sure you know what illegal means

 

[0x40]

why do you think they get it licensed in the first place? for fun . . . its a contract and that alone gives it validity

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.

if you are asking this i am not sure you know what illegal means

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.

 

[Yepi69]

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.

#tugas

 

[Pleng]

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

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!