Manchubot said:
I really don't see the big deal with it that much anymore these days. When you think about it Sega isn't making money off Sega Genesis cartridges these days the only people who are losing out on the sales are personal collectors who sell some of their games, or comic shops that specialize in classic console titles from the 8-16 bit era.
I wont go too deep into this subject cause Ive said it all before, but this is one particular caveat that is being overlooked.
While Sega is not making profit off of genesis catridges.. they are still making profit off of genesis software. Just look at how many Genesis games you can pick up off of steam like Ecco the dolphin, Streets of rage, Sonic (insert detailer here), etc.
You can make a claim for abandonware, however that claim falls flat when you try to claim a game is abandonware in this era of relaunching old IPs. So unless its a company that the dev/publisher is not producing for profit any longer, you really cant claim its abandonware. So my point is... Sega, Squaresoft, etc all have means of which to resell those old games on different platforms, so you cant call it abandonware because the software is still being sold for profit and by using a rom/ISO of that software, at least in the companies eyes, your denying them of a sale, be it on the virtual console, XBL marketplace, steam, PSN, or new console incarnations.
EDIT: and to clarify... on the legallity of Emulators. Its all about Location and precedent.
In the US.. the precedent to point to us Bleem vs Sony. Just look up the history of Bleem
http://en.wikipedia.org/wiki/Bleem
It also clarifies how the emulator software is legal, but the game software without original licensed discs is copy infringement when you actually read up on the case notes. So Emulators, perfectly legal, but useless unless you have the original media to go along with it.