Need official describing legality of game backups...

Discussion in 'General Gaming Discussion' started by Kellicros, Jul 12, 2009.

  1. Kellicros
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    Member Kellicros GBAtemp Fan

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    A moderator of my local forums closed a thread about flashcarts and games backups, deeming it illegal.

    I was then directed to the Nintendo's EULA stating it is illegal to copy NDS games when I was trying to clear the flashcarts' names.

    Hmmm, I am pretty sure thats some bullshit the BigN made up and it is completely legal to create backups of your own catridges but I cant find an official article supporting this claim.

    Any help would be great, some of you guys could have came across thee articles or know where I could find one, thanks in advance.
     
  2. Linkiboy

    Member Linkiboy GBAtemp Testing Area

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    Erm it would really help to know where you live.

    If you live in the US (and I assume you do) it's illegal under the DMCA as far as I know.
     
  3. Cermage

    Member Cermage GBAtemp Advanced Maniac

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    read up on the piratebay case. judge said backups themselves aren't illegal, the method of obtaining the said backups is. there is no legal way to get backups, even if it is for personal use. even if this doesnt apply to your country i'm sure they'll will follow and use this example.
     
  4. Kellicros
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    Member Kellicros GBAtemp Fan

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    Laws article/ official statements of any country will do. I live in a country where piracy isn't a problem as long as you don't use them for commercial purpose.

    The only problem is that the forum is full of Nintendo fanboys forum police who wants to help Nintendo with anti-piracy. At first the rule was "no talk about downloaded games(roms)" when it comes to flashcarts, but now they go further into "features like RTS and CHEATS are meant for piracy, therefore, it is banned". It pissed me off.

    I think i got it Radiant, but is there really no way to obtain a backup legally? Even in means of extracting them from your own media?
     
  5. Cermage

    Member Cermage GBAtemp Advanced Maniac

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    Only way i think is if the company directly says you can (e.g microsoft put together a band, print a cd and on the case it says you can backup the music to your computer using wmp). on all cases/manuals of software you can find something along the lines of "personal use only: no copies are to be made" backups are pretty much copies.
     
  6. Da-Bomb1

    Member Da-Bomb1 GBAtemp Advanced Fan

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    I think I may have heard some where that, under the law, it's legal to make one backup for personal use only. Not really too sure about that though. Either way, it is, in fact, illegal to download a ROM for a game you don't own (even though nintendo doesn't even like it with games you do own), however, flashcarts, by themselves, aren't illegal.

    Well, I guess that technically, it is illegal to download roms for games that you do own, but really, I see no problem with that.
     
  7. Elritha

    Member Elritha GBAtemp Addict

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    Depends where you live to be honest. I have heard flashcarts are illegal in some countries simply for the fact they can be used to circumvent copy protection Nintendo implemented in the DS.

    Anyway.. going against a companies EULA is not illegal in itself. What really matters is your country/states own local laws on the matter.
     

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