Homebrew Question about DS roms.

[c_house]

I know it's legal to have roms of games you own, but what about games you have the rom for that you traded in before?

 

[Hadrian]

I know it's legal to have roms of games you own, but what about games you have the rom for that you traded in before?

Still not allowed.

 

[rockstar99]

Its not legal to have any roms even if you own them

But nobody really gives a damn.. well nintendo does but we dont care

 

[c_house]

Oh, I thought it was legal to backup your own games, but still anyway, like you said no one cares.

 

[KevinJRussell]

Oh, I thought it was legal to backup your own games, but still anyway, like you said no one cares.

The law is contradictory. You are allowed to make backups, but copies are illegal. Until a case goes to court where someone gets sued for having mp3s of albums they own or something like that, it'll never be decided for sure.

 

[Kinqdra]

xD
Nintendo: You illegaly have files on your flashcart, without actually owning them.
You: No, I owned them all but I traded them after a while.

 

[Rydian]

I know it's legal to have roms of games you ownActually that's borderline, making a copy violates the DMCA, they shouldn't really exist, even (as Rockstar just said). Ever notice how sites like acekard list "updates" via the release number (a non-official ID) instead of using any game titles?

EDIT: If you trade the game away you need to destroy your ROM copy, and if you're to play your ROM then you need to destroy your real copy, as the ROM is JUST for backup, two functional copies shouldn't exist since you only paid for one.

http://www.copyright.gov/help/faq/faq-digital.html#backup

Under section 117, you or someone you authorize may make a copy of an original computer program if:

* the new copy is being made for archival (i.e., backup) purposes only;
* you are the legal owner of the copy; and
* any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.

QUOTE

It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy.

And, of course, nintendo forbids it.

 

[Guild McCommunist]

Oh, I thought it was legal to backup your own games, but still anyway, like you said no one cares.

The law is contradictory. You are allowed to make backups, but copies are illegal. Until a case goes to court where someone gets sued for having mp3s of albums they own or something like that, it'll never be decided for sure.

The law differs from country to country. Some countries allow you to backup and use your own purchased media (whether it be games, music, movies, etc). Others don't.

As for the question at hand, no, it's not technically legal. You no longer own the game and thus you now own an illegal copy of it.

 

[choconado]

You know, I think people have been debating the legality of "backups" since the days when home cassette recording devices (either audio or video, I'm not 100% positive which came first) hit the market. Have you ever made a mixtape? Technically that's a violation of the copyright.

Also, several of the earlier computer/game systems (which ones escapes me at the moment--sorry) actually used tape cassettes for their games (the thought boggles my mind, but apparently they recorded audio binary on them), and one of the companies had the boneheaded idea of broadcasting freeware over radio stations, informing the listeners to push the record button on their radio/tape decks after a certain sound, after which the software's signal was broadcast. It took about three seconds for people to realize that with dual tape decks they could just as easily dub and distribute programs that were NOT free, usually through bulletin board systems.

Therefore internet piracy is pretty much as old as the "Record" button on a tape player. And how many people have actually been arrested for the act over the past 40 or so years it's existed? Yeah, they're not going to go hunting for the little roms you keep on your card.

*NOTE: Choconado does not advocate the cool, cool crime of internet piracy.

 

[Sumea]

Depends on law.

Just as (funny to me even) sidenote, in Finland it is legal to make a copy of a media for someone in your close family circle, and even a GOOD FRIEND is counted in that legally.

Of course, people still do not actually copy stuff for friends much, but it IS legal here... Weird even to me.

 

[stuffnflufff]

I can upload AND download ROMs LEGALLY. Canada`s Supreme Court ruled it out as a `file`and that it should be free to the public if available. So basically in Canada, we do drugs and download sh!t. if you get caught with marijuana here, its a slap on the wrist. in the US, jail for a year. (I dont do any type of drug, and never have, just saying). Anything goes up here

 

[Pliskron]

The only legitimate use of flash cards is for homebrew. Thats why I only use datel's games and music.