Would Emulators Be Considered Piracy?

[JKTrix]

If I understand what you're saying, you mean you can run original games on an emulator with no problem. I'd assume that's correct.

Seeing that Nintendo only switched to disc format 6 years ago, anything prior to that would be much harder to 'play the original' on an emulator. Most people don't have the hardware to do that.

With Nintendo's Virtual Console--and Xbox Live to an extent--they're getting around that 'This game is old and I can't buy it anymore so I'll just download it for free' idea. At least in Nintendo's case, as long as the company is in business, all of their games since Day 1 of their existence are protected by copyright laws.

Granted, right now Nintendo probably isn't too concerned with pursuing us with their current success. Unless you're modding your console.

No matter how you personally define it, getting something for free that you would usually have to pay for (regardless of availability in the physical world) is stealing. Piracy is just a generalised term attached to that. I think it's important for those of us who do this kind of stuff (games, music, movies, softwarez, anime, etc) know that it is just plain illegal, and treat it as such. If you have old games, talking about them is fine, but don't make it a point to say that you're playing it on an emulator. Chances they'll come chase you are still low, but you don't need to be waving a flag at them saying 'I stole your old stuff nyah'.

[The Ceej]

Actually, if you want to get technical about emulation and ROM piracy laws (and I can link this later if anyone needs it, I just have to find it again), it's completely illegal to have any ROMs on in your possession regardless of whether or not you own the game.

However, the exception is when you made the ROM yourself. If you take your own copy of the game and make your own ROM with it, then it's legal. The sad thing is that most people don't have the hardware to do this, especially with arcade boards and cartridges.

But what's a guy to do when the game isn't released in his country or it's so old he can't get ahold of it anymore? Well, I can't say what I do, but it may or may not be legal.

[Renmiri]

Not at all, software makers abandon their stuff all the time, leaving old customers without support and migration path. People who paid for the stuff are left out to dry just because it isn't cost effective for the big guys to take care of old products.

Abandonware is a small but thriving industry on the web, where people find legal copies of old software favorites and provide support for it.

[The Ceej]

Except that, in most cases, even abandonware is illegal. In order for abandonware to be legal, you must own and have paid for the original and not be able to get use it on your computer. And there are still too many rules of when and when not abandonware is legal. I'll have to find the site again, and I'll need some incentive to do it, but I can link.

Still, if I want to download a MAME or an NES ROM, even if I have the game or standalone, I can't legally do that. That doesn't fall under the exceptions of abandonware. If I want to legally play these games on my computer, I have to get the proper hardware to copy them to my hard drive myself.

[Discord]

Abandonware is legal by definition. The company owning the licence has the right to make the program freeware any time they like. Once they do so, it becomes abandonware.

I think you're confusing it with the "security copies".

[The Ceej]

Abandonware Is Still Protected Under Its Copyright.

I told you I could link it. I can link so many more articles if this is insufficient for you.

EDIT: In fact I think I will link a couple more:

Here.

And Here. (This one gets into emulators and ROMs in general. Good to stay on topic.)

FURTHER EDIT: Here's a Nine-Page Document arguing both sides and explaining how nobody wins when it comes to abandonware. Good read if you have the time and patience to read it.

[Brennan]

The law is:

"If you have a ROM/ISO downloaded onto your computer, you must delete it in a period of 24 hours."

But, if you need an emulator to run it, it shouldn't be illegal.
Besides, a person made the emulator, why would it be illegal?

[Renmiri]

My point is more that software companies want to have it both ways. They drop their support for products but still want to be paid like the stuff is new off the shelf, not obsolete and unsupported.

I think that copyright law should be rewritten for software and games. It made sense that book authors would only lose their copyright after 50 years but for software or games I believe 10 years is more than enough. They copy each other, why can't we gamers have the right to play old games as we see fit ?

[The Ceej]

The law is:

"If you have a ROM/ISO downloaded onto your computer, you must delete it in a period of 24 hours."

But, if you need an emulator to run it, it shouldn't be illegal.
Besides, a person made the emulator, why would it be illegal?

No such law exists. Sorry to burst your bubble, but it's illegal to download ROMs. Someone didn't read my links.

[ReloadPsi]

Emulation in and of itself isn't strictly piracy. The theory goes that the hardware required to run the actual game (read: the console) is under copyright protection, but because the software being used doesn't utilize the components that are patented then it doesn't fall under that catagory.

What IS illegal however are the use of BIOS files from the consoles if you don't own the console with that BIOS version, and the use of ROM's if you don't own the game.

Even then, you're technically supposed to have ripped, dumped, extracted, whatevered said files by your own means, which would require the use of patented objects (like the stuff that reads a NES cartridge for instance). If you have FFDoS for the GBA and download the ROM, that's still illegal: You're supposed to dump it yourself.

[The Ceej]

Right, Psi. That's exactly what I said and people still wanted to argue with me, even after I posted four links to prove my point. I hope you have four more links otherwise people aren't going to believe you either.

[JKTrix]

Except Nintendo explicitly states that even 'dumping your own' for "any Nintendo system" is not authorized. I can't read a couple of your links (blocked at my job) so I don't know whether this point gets addressed or disproven.

I believe Nintendo's own copyright stance would supercede any standard software laws, as it's their own Intellectual Property.

[Renmiri]

Nope, Nintendo doesn't get to make law in any country

There is this myth that if you delete a ROM after 24 hours you are safe no matter if it was not yours. If it is your own ROM obtained legally I think you don't have to but if it isn't, I don't think 24 hours makes a difference, you are still wrong, it's just harder for them to catch you.

[The Ceej]

Nintendo's position and the law are two completly different things. Nintendo doesn't want you to back up your games because they're afraid you'll use them to pirate.

However, the law states that as long as you own a game, you're allowed to make one, and only one, backup copy of your own game (as referenced in these links, but I guess you'll have to read them at home). If you sell your game, your backup copy has to be either destroyed or packaged with your original. They must always be together.

Nintendo disagrees with this law, but unfortunately for them, it's still the law. You may back up your Nintendo games. They don't like it, but you can still do it.

EDIT: Another post got in there. Let me readdress the 24-hour law. There is none. That's something that emulation sites put on their site to give the illusion that what they're doing is legal. I'm not going to relink my links, but if you go up there, it's the third from the top of my four links that talks about the nonexistance of this law.

[Renmiri]

That is what I thought! What happens is that during those 24 hours you are in possession of illegal goods. Once you destroy them (without reselling it or distributing it) then you are no longer against the law.

So in essence you are just limiting your risk to 24 hours but you are still against the law if you do it.