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« Reply #2 on: February 28, 2010, 09:39:25 pm »
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http://vimeo.com/1347057
In the video, the guys statement @ 2:47-3:05 is not true btw. It's like, quick! Let's rip everything we can in 24 hours and we can keep the rips but not the ROM... This kind of thinking is very far off in so many ways. A few quotes about ROMs that everyone wants to ignore: In some countries, it is legal for an individual to personally make backup copies of a game they own. Individuals may make backup copies for various reasons, perhaps as insurance against losing the game or as redundancy in the event that the original game's medium becomes unreadable. See the section on ROMs and Preservation.
However, in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a "game backup" device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).
Some games companies, such as Nintendo, print warnings inside their game manuals that they do not allow users to make backup or archival copies. Whether or not these warnings in this specific form can be considered valid contracts is legally questionable. For an overview of relevant issues, see user agreement (EULA), shrink wrap contract, clickwrap, Fair Use, Fair Dealing and DMCA. Are roms legal if you own the game?
QUESTION:
I keep getting conflicting storys about the legalities of owning ROMS. Can you try them out for 24 hours and then delete them? I own about 325 NES games and 150 SNES games but I hate hooking the machines up to my TV, ROMS are just more convenient. Can I download the ROMS that I own?
Has anyone actually been fined for this or is this just some scare tactic?
ANSWER:
No, it's not legal to have the ROMS even if you own the game. This is from Nintendo:
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. What about the "24 hour rule" that says I can try out copies for 24 hours before deleting them?
The "24 hour rule" is a clear example of why you should never take legal advice from software pirates. There is no such rule; downloading a copy of copyrighted software not intended for distribution is always illegal, no matter how long you have it.
It's pretty unlikely that you'll get caught or fined if you download a ROM and rip models from it, but it's still not legal. Just making sure things are cleared up on that. ;p Basically, ROMs are not legal at all in the U.S. and in some other countries, though it is legal to keep a BACKUP COPY FOR BACKUP USE ONLY, it is still not legal to rip models from it. As far as I know, that is the truth about ROMs.
« Last Edit: February 28, 2010, 09:43:56 pm by FrozenFire »
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