If you own a console game and play it on an emulator, is it still illegal?

[Lightslei]

Technically the emulators themselves aren't illegal but the ROMs are.

I think it's completely idiotic. If I want to play Super Mario World, I damn well am going to play Super Mario World.

Also considering how many "third party" games companies could release using their titles, I'm honestly surprised they don't try to profit off game hackers.

 

[DarthFennec]

It's perfectly legal, except sometimes when the emulator requires a bios, like with the playstations. If you pirate the bios, that's illegal, so you have to rip it from your own console. And if you have verbatim games and a real console, I see no point in emulation. On the other hand, I think (correct me if I'm wrong) I think if you own a game but you can't get to it right then, for whatever reason, then it's legal to torrent it and use it, because you already own the rights to use the software. I don't know though.

 

[Tony2077]

as long as you own the games it fine now if only there was a xbox one because sadly my old xbox died electrical problems it not the cord its where it plugs into

 

[Tallim]

I believe that all games state somewhere that they are for use only with the original system. Morally I think your fine, legally shaky. But then so many things are.

In the UK it is still technically illegal to rip a cd you own to mp3, go figure. Everyone does it though as it isn't policeable.

I personally see no problem if you want to play the game in the format you want to as long as you own it. It's an equally unenforceable transgression. Providing your fine with it, your moral compass obviously has an issue with it.

 

[Eclectic Dreck]

I am not clear on the legal answer to the question. If you currently own the console and a copy of the game for said console, I would not judge you poorly for downloading an emulator and a copy of any game you legally own. For ancient systems (the 2600 or NES for example), presming the content is not available for purchase elsewhere (if it's only available in a used or collectors market I would not count it as the companies who hold the rights do not stand to lose anything they do not actually try and sell), I still wouldn't think poorly of someone. Afterall, if the company who made the product (or at least owns the rights to said product) is unwilling or unable to sell it to you, the act of piracy would be difficult to justify as a "lost sale".

 

[Continuity]

Yes of course its illegal, its a breach of copyright terms, any process that makes a copy of a game or ROM/BIOS is illegal. owning the original is completely irrelevant.

However I personally have no problem breaking copyright for "fair use" reasons, e.g. ripping one of my own DVDs or emulating computer games that I once bought. Still technically illegal though.

 

[Glamorgan]

I remember reading somewhere that it is legal, and that under US law, you are allowed to own backups of your games. An emulator, and ROMs would fall under this. Whether this is true or not, I'm not sure, so don't quote me on it. It also might not help the fact that I'm not American, so again, I'm not entirely sure.

 

[tetron]

If you dump the BIOS from your console directly into the emulator, then it's perfectly legal.

If you got the BIOS from the internet, then it isn't.

Like the man says if you legally own a console, and dump the bios from it. And legally own the game then playing it on the computer via emulator is 100% legal. It's the same as backing up a pc game. Just buying games and emulating them, but not buying the console is illegal, but only because you can't have gotten the bios to play games with an emulator without owning the console. Note that this is a form of backing up your console and games so of course you can't legally distribute your console's bios or the game's iso.

 

[nipsen]

If you (legally) own a bunch of console games, but you use an emulator to play them on your PC, would it still be considered illegal? I'm guessing not since you paid for the games so I assume you're free to use them any way you want.

*bzzzt* You pay for a license to use the game in a specific way - you do not own the game in any way. It's as illegal as drinking beer in a public space.

 

[TheEvilCheese]

In some countries (America) it is legal to have a back up copy of a game you have purchased.
This is the only reason ROM sites are still up and running.

But many people seem to have a problem with it, seeing it tantamount to piracy.
Personally? I don't care.

 

[nipsen]

By american law you are allowed to have a backup copy of the software on your computer provided that you have purchased the game legally and destroy the backup if you sell or transfer the game in any way.

That's.. an interpretation that hasn't been challenged by non-existent copy right holders, so it's "accepted". In reality, any program with a copy right holder that claims a particular program should only run unmodified on a particular box, and that transferring it in any way, or even copying the game for your own use - will and do get their courts on their side.

In fact, companies fielding new and inventive DRM schemes preventing the exact thing we are discussing here continuously get pampered by "american law".

 

[Hurr Durr Derp]

It might not necessarily be illegal, but that doesn't mean that you couldn't get royally fucked for doing it. Many of the groups that track down pirates file lawsuits through the pirate's ISP, and as a result the pirate doesn't even find out that they have been sued until it is too late to take the case to court, meaning that they get sued by default. So, if you're not worried about getting your ass royally sued, then go for it.

That's not a problem, since I won't be downloading anything illegal. The emulator itself isn't illegal as far as I know, just the ROMs. Since I already own the games in question, I will not be downloading any (illegal) ROMs.

If you (legally) own a bunch of console games, but you use an emulator to play them on your PC, would it still be considered illegal? I'm guessing not since you paid for the games so I assume you're free to use them any way you want.

*bzzzt* You pay for a license to use the game in a specific way - you do not own the game in any way. It's as illegal as drinking beer in a public space.

The comparison between public drinking and playing a game you own seems utterly nonsensical to me. I never signed any agreement when buying the game that I wouldn't play it on my PC (which, by the way, is also why EULAs are meaningless), so as long as I'm not breaking any specific laws I don't see the problem.



Looking at the comments, it seems to me that the biggest problem isn't the games (I'm not copying or downloading anything), but the console's BIOS. If I don't own the console there appears to be no (legal) way for me to get such a BIOS, and thus no legal way to play the games on an emulator. This seems to put the matter into that uncomfortable "morally justifiable but legally questionable" zone.

 

[nipsen]

It's not an interpretation, it's actually what the law says. As in what the actual wording of the bloody laws say. That you are allowed to have backups of products you legally own, but not ones you've downloaded.

All right, then it's "what the law says" - until it is challenged by anyone legitimately claiming copyright over the emulated content, and who have commercial interest in distributing it on their closed platform.

 

[Keepitclean]

If it's an old game that is no longer for sale outside of used copies & has not been ported to newer consoles, no one would care if it was illegal.

If I were a developer and people were still playing a game that I made after 20 years when the company had stopped supporting it I would feel quite proud.

It might not necessarily be illegal, but that doesn't mean that you couldn't get royally fucked for doing it. Many of the groups that track down pirates file lawsuits through the pirate's ISP, and as a result the pirate doesn't even find out that they have been sued until it is too late to take the case to court, meaning that they get sued by default. So, if you're not worried about getting your ass royally sued, then go for it.

Surely that's illegal though. To sue someone but not let them know sounds a little bit bullshit to me.

 

[nipsen]

Do you actually have any cases where someone was convicted for having emulated games when they owned the actual product?

Define "emulation", yeah?

If it means quietly playing an old classic you own on your laptop - no one will complain.

If it means duplicating the product, and transferring it to a platform other than the one it was originally licensed on - which can easily be claimed to harm the copy right holder, and is accepted in American courts as doing so - then it's clearly illegal, and represents piracy of the worst kind.

Like drinking in public - if you don't make a nuisance of yourself, no one but the most uptight bastard will complain. Not that this stops a lot of people from spending large amounts of money on "attitude campaigns", to prevent people from having fun pre-emptively. To make it clear in people's minds what is legal or not, and ensure that the law-breaking is minimized as the punters are transformed into law-abiding and law-fearing citizens.

But regardless - it represents illegal acts in any shape or form it might happen in, because of the transfer between the platforms. The "Law" declares it so. Therefore it is illegal.