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Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?

There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

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How Does Nintendo Feel About the Emergence of Video Game Emulators?

The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.

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What Does Nintendo Think of the Argument that Emulators are Actually Good for Nintendo Because it Promotes the Nintendo Brand to PC Users and Leads to More Sales?

Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo's goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.

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How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators?

Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.

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People Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.

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Originally posted by Blue Falkon

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[garble]

Understand?

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Originally posted by richyawyingtmv

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I feel Rom Hacking is totally legal.

My reasoning?

A little device called the Action Replay/Gameshark.

Isn't that basically the same as rom hacking? Changing data in a game? I think it is. If Nintendo had anything against Rom Hacking in general, the Action Replay, or any cheat cartridges, would not exist.

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Originally posted by LocalH

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First of all, the Nintendo legal FAQ is completely stacked in Nintendo's favor, and conveniently omits the law unless it favors them. For example, they say that ROM dumping, in and of itself, is 100% illegal, which is patently false. If you own a cartridge, you can legally dump it and there is NOTHING that Nintendo can do. NOTHING.

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Originally posted by Blue Falkon

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Now, let's be hypothetical and think about if that was true, that you could dump it legally. Hm, but now we're distributing them on websites to other people? Oh well look at that! For some reason, that's another crime! Let's pull out a lawbook.

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Originally posted by LocalH

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Copyright law only provides for damages if you distribute a ROM illegally, it says nothing about merely possessing the ROM. Copyright law also states that you can backup your own media legally. You're right, it's not technically legal to download a ROM from the Internet, but if you dump it yourself, then you are 100% legal, regardless of anything Nintendo says.

Also, this site doesn't distribute ROMs, only IPS patches. Distributing those patches is only illegal if you include someone else's copyrighted work in the patch without permission.

People like you are the reason that, from time to time, I actually visit Nintendo's official forums to debunk that crap. Despite the fact that I've talked about emulators and ROMs quite a bit there, I've yet to be banned.

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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.

Originally posted by LocalH

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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.

ROMs are "computer software", and I think it could be argued that, if you use the ROM and store the cart away, that the law has not been violated, as the cart is your "backup" copy, to be redumped if your ROM gets destroyed (same as one, for example, would copy an audio CD and put the original in storage).

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Originally posted by LocalH

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Nintendo is full of shit with half of their legal FAQ. For example, they claim that emulators themselves are inherently illegal...

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Originally posted by LocalH

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What? Of course it does. If I've dumped my own carts, and not distributed the dumps, then how am I "not innocent"? And the law only concerns distribution of copyrighted works - if I only download ROMs, then I believe there aren't any current laws being violated on my part (although there are efforts to criminalize downloading in the same way that distribution is currently illegal).

Kyoufu: Exactly my point, really. They make blanket statements like "Emulators are illegal", but yet they know it to be false, as their own authorized emulators are obviously legal, and third-party emulators are legal because they have substantial non-infringing uses, and thus are no different than a VCR in terms of the law. Instead of "time-shifting", you have "format-shifting".

Hell, one of the recent DMCA exemptions was specifically for copiers for "obsolete" systems, which I would consider at least pre-32bit.

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Originally posted by LocalH

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Listen:

I AM NOT SAYING THAT DISTRIBUTION OF ROMS WITHOUT PERMISSION IS LEGAL.

I *am* saying that personal dumping is legal, and downloading ROMs that you own carts for, while not technically legal, is fine from a practical standpoint. You're just trying to extend the situation further than the law provides. When it comes to ROMs, the only source that matters is the law - it doesn't matter what any game company says.

Give me concrete proof that it's illegal to dump your own carts and I'll retract that statement.

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