Serris said:
mikozero said:
Serris said:
Jedi Sasquatch said:
I don't see why using emulators stops you from being a legitimate gamer.
emulators are illegal.
thus you are not a legitimate gamer.
emulators are
not illegal.
roms are.
Under United States law, obtaining a dumped copy of the original machine's BIOS is legal under the ruling Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965 (9th Cir. 1992) as fair use as long as the user obtained a legally purchased copy of the machine.
emulators ARE illegal if you don't have the original machine.
if you read the OP, then you'll see he uses emulators because he can't get an original.
The Emulation of any game system unto itself is perfectly legal, and any reverse engineering of a system's BIOS to make emulation possible is also legal. The case of Sony vs. Connexant concluded the following:
"Connectix's reverse engineering of the Sony BIOS extracted from a Sony PlayStation console purchased by Connectix engineers is protected as a fair use."
There are some gray areas regarding this however. Some emulators require a copy of the system's BIOS to operate, and distributing BIOS files is in fact illegal unless they have been released into public domain(which can happen if a company's copyright becomes nullified due to various reasons not discussed here.)
ROMs unto themselves are also perfectly legal to own, copy, and distribute. These rules do NOT apply to copyrighted material however, and it just so happens that most ROMs are still under copyright. So unless a ROM is either homemade or public domain, then the probability of it being illegal to own and distribute is substantial.
The conjecture that it is legal to download a ROM if you own the file (or that you must delete within 24 hours of downloading if you do NOT own it), is false and is more or less a courtesy to video game manufacturers. It is illegal to download copyrighted material in any form whether or not you own a legally distributed copy. '
Keep in mind however that it IS legal to copy software provided you legally own an officially distributed copy, as also concluded in the Sony vs. Conexant case that stated:
"Any purchaser of a copyrighted software program must copy the program into the memory of a computer in order to make any use at all of the program. For that reason, 17 U.S.C. Section 117(a)(1) provides that it shall not be an infringement for one who owns a software copy to make another copy"
Though whether or not creating a ROM image specifically is legal has been openly debated. Primarily because of the ruling in Amiga Vs. JS&A Where the use of the PROM Blaster to copy the magnetic catridges was NOT protected by a user's right to copy software.
Whatever the case, distributing copied games is illegal regardless of whether or not you legally made the backup.
The rules above apply regardless of any ROM copyright holder's rules and policies. Though no court ruling has tested the concept that purchasing a game might bind the consumer into a legal contract giving the manufacturer the power to enforce such policies.
Copyright infringement is generally handled as a civil matter rather than as a criminal offense. As such it is the responsibility of the copyright holder and any law-firm representing them to enforce the copyright. Therefore, owning, distributing, and copying copyrighted ROMs is generally considered a "safe" practice. This minor infraction is on the same level as downloading illegal MP3s and is largely unenforceable. The probability of an individual being sued for the possession of illegal ROMs is incredibly low. However, if a website offers downloads for illegal ROM files, then they will most likely be shut down. The owner('s) of said website might also be vulnerable to various civil suits and could sustain substantial financial damage because of it. It's also important to note that extreme cases of copyright infringement may be escalated to a federal offense which could result in up to ten years imprisonment(see the No Electronic Theft Act, 18 U.S.C. 2319).
i spent 7 years as major contributor on certain websites aiding with contributions to the MAME and FBA source and was up to my neck in verification of the last of the SNK arcade roms as they were dumped.
i know the subject, i know where the legal grey areas are, and i'm telling you plain and simple emulators themselves are
not in any way illegal.
roms are (including bios roms)
however not every system requires a bios rom.
nor does every emulator require illegal roms
ie. orginal media can be used through various means.
the OP talks of NES and SNES emulation. do either of these consoles require a bios rom to be emulated ?
NO
so does he require a bios dump from a machine he owns under the fair use rulings (which btw i have already mentioned a page back) ?
NO
.
MAME (and its sister emulator MESS) stand out in full view for all to see as legally unchallenged emulators of truly gargantuan proportions encompassing most if not all of the hardware systems that have been created since the dawn of video gaming as a testament to the innacuracy of your claim.