# Emulators/ ROMS



## mw84 (Dec 3, 2005)

Hey I was wondering if anyone could explain the legalities surrounding emulators and roms, if there is any. Basically I want to download, if legal, an N64 emulator and play some of my old favourite games, Mario Kart and Goldeneye.


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## applemaz (Dec 3, 2005)

It's a bit of a grey area, but as long as you own the original games on cartridge, you can download them and play them.


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## Damrod (Dec 3, 2005)

On many sites I read that (as stated above) when you own the original cartridge, you can play it with your emulator as well. 
Many ROM sites state that if you do not own it, you are allowed to download it for test purposes, but are asked to delete it after 24 hours.

But yeah, it's a greay area really. And I have not found any reliable and 100% source.


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## JetwingX (Dec 4, 2005)

don't quote me on this, but i have seen a few sites that have analyzed the DMCA and it says something like if the system is no longer sold, you are ok. let me go look.....

(3) Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.


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## nixgeek (Dec 4, 2005)

This must explain why the ROM sites have become quite abundant recently.  I remember just a year ago (I believe) it was very difficult to find a ROM site online.  Now a simple search in Google comes up with tons of hits.


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## Damrod (Dec 4, 2005)

JetwingX said:
			
		

> don't quote me on this, but i have seen a few sites that have analyzed the DMCA and it says something like if the system is no longer sold, you are ok. let me go look.....
> 
> (3) Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.



So, distributing ROMs for Sega MegaDrive or SNES is (possibly) not bad at all. But I can get sacked for distributing ROMs for GameBoy Advance games?


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## JetwingX (Dec 4, 2005)

I believe so. But, If the game uses a special dongle to play which can't be purchased anymore. that is also legit


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## Mikuro (Dec 5, 2005)

Yeah, this was ruled legal in the US. As a gamer, I think that's great, but as a developer, I am _not pleased_ with the implications. They're basically saying that video games don't deserve the same respect and protection as any other forms of work. That's not cool.

Things are still gray a lot of the time even now. For example, is it legal to download Megaman 2 for NES, or Donkey Kong Country for SNES? Neither of those systems has been sold in years, but the games have been remade for other platforms that _are_ available. Are the remakes considered to be the same body of work?

And next year, when the Nintendo Revolution comes out, they'll be offering their entire library of NES/SNES/N64 games available as downloads through their online service. I assume that will make all trading of these ROMs plainly illegal again.

Oh, and I'm pretty sure the whole 24-hour thing was always 100% BS. I don't know where that came from.


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## Damrod (Dec 5, 2005)

Mikuro said:
			
		

> And next year, when the Nintendo Revolution comes out, they'll be offering their entire library of NES/SNES/N64 games available as downloads through their online service. I assume that will make all trading of these ROMs plainly illegal again.



But, don't they charge a fee for the service? I'm not 100% sure, but I think I read something like that in an article about the Revolution.



			
				Mikuro said:
			
		

> Oh, and I'm pretty sure the whole 24-hour thing was always 100% BS. I don't know where that came from.



I think it was a self made way of the ROM-Sites to somewhat get out of the grey zone, or invent some rules for the grey zone


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## JetwingX (Dec 5, 2005)

Mikuro said:
			
		

> Things are still gray a lot of the time even now. For example, is it legal to download Megaman 2 for NES, or Donkey Kong Country for SNES? Neither of those systems has been sold in years, but the games have been remade for other platforms that _are_ available. Are the remakes considered to be the same body of work?
> 
> And next year, when the Nintendo Revolution comes out, they'll be offering their entire library of NES/SNES/N64 games available as downloads through their online service. I assume that will make all trading of these ROMs plainly illegal again.



"video games distributed in formats that have become obsolete"

I don't think that thee revolutions emulation of old games will cause much of a problem.


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