NationStates Jolt Archive

I decided I want to play some old NES games (trip down memory lane: priceless). Does anyone know if it's legal to download them? I assume that it's illegal to do that with X-Box or PS2 or newer stuff like that, but surely Nintendo isn't still making money off the ancient NES...

No, despite what anyone will tell you. It's totally illegal.

-edit- if you still want to do it, I guess no one can stop you, but just know what you're doing.

Just search NES games on google. It should show some sites that let you play them. Or...nah...thats illigal.

I've been told that it's not illegal to download an emulator or run it, however, if you download a ROM (without which an EMU is useless), you can only keep it on your hard drive for 24 hours before it becomes a violation (that doesn't mean you can't save it to disk, of course). Essentially, the companies don't really care if you try it out, as long as they can delude themselves that you're just testing something to see if you like it enough to buy it.

Unfortunately, it's almost impossible to find some of the older titles on cartridge anymore, let alone an old system to run it. Even if you could, it's not like the companies who made these things way back will get a portion of the money from the resale shop or eBay. Until they reissue ALL the old games, ROMs and EMUs are the only option.

Yeah, it's illegal. But if you do do it, make sure you are safe about downloading. Viruses come frequently with illicit software, not to mention the possibility for copyright violation lawsuits.

If you have your own copy of the game, it's not illegal. But, why download a game if you already have it?

Emulation is, in itself, completely legal.

Emualtors themselves are unique works of software that emulate specific hardware in and thus they do not violate hardware patent laws.

ROMs are a little more problematic, but the production and use of NES ROMs is "fair use" according to the US Copyright office.

http://www.copyright.gov/1201/



On October 28, 2003, the Librarian of Congress, on the recommendation of the Register of Copyrights, announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. The four classes of works exempted are:

[.....]

(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 you can make ROMS of your games and you can Download ROMS, so long as you have legaly distributed copy that is obsolete.

Of course, this rulemaking decision has implications beyond the specific Anti-circumvention wavier. It serves to legitimize video game emulation and makes tort claims against ROM sites that provides access to obsolete ROMs much less likely.

If you have your own copy of the game, it's not illegal. But, why download a game if you already have it?


If your copy of the game doesn't work anymore. We have an SNES an a Dr. Mario cartridge, but the cartridge no longer works. So rather than trying to find another one and paying for it, I can get an absolutly free ROM and an EMU and play the game on my computer. Similarly, I have a malfunctioning Atari system in a box somewhere with a bunch of cartridges. I can download any one of those titles (if I cared to dig them out and figure out what my brother played when he was, like, five) and it's totally legal.

For older products, copyright violation is still illegal, but there is no enforcement.

That's because the corporations and the government both know that spending time and resources trying to protect a 2-cent product will eventually lose them a LOT of money. They're having problems enough protecting stuff that just came out.

So instead they rattle their sabres and threaten lawsuits to discourage it while doing nothing to stop it.

I'm with the gov and corporations on this one. I really don't want my taxes to go towards arresting my son for playing pacman.

For older products, copyright violation is still illegal, but there is no enforcement.

That's because the corporations and the government both know that spending time and resources trying to protect a 2-cent product will eventually lose them a LOT of money. They're having problems enough protecting stuff that just came out.

So instead they rattle their sabres and threaten lawsuits to discourage it while doing nothing to stop it.

I'm with the gov and corporations on this one. I really don't want my taxes to go towards arresting my son for playing pacman.


He wouldn't be arrested anyway. Copyright violation is a tort, not a crime. People aren't arrested for torts.