ROMs and the DMCA

[matthew13l]

http://www.copyright.gov/1201/

There was a debate on another forum about the legality of ROMs if they are no longer in production. Apparently the link above suggests that ROMs can be owned legally if the game is out of production. I could be mistaken though, I'm not too good at reading legalese.

-Matt

[crusious31]

Whats a game rom?

[matthew13l]

I was referring to an SNES ROM, or any console ROM for that matter.

-Matt

[crusious31]

Nintendo, I see. I thought it was something to do with computer games. Last consul game I had was sega geniuses.

[Johnny Fist]

It is illegal to be downloading ROMS and/or playing them on an emulator.

[crossedup]

Tis a shame, I remember a few years back when you could find them everywhere. Glad I got some when I could.

Is nice for nostalgic reasons to play some of the colecovision games I grew up on. Ladybug rocked. :D

[Johnny Fist]

They're still just as easy to find. Its one of those things that people still do anyway.

[matthew13l]

Originally posted by Johnny Fist
It is illegal to be downloading ROMS and/or playing them on an emulator.

Well that's what I've always thought, but it seems like there are some exemptions if you read the copyright page I linked to.

-Matt

[Johnny Fist]

Yeah, I understand the part about the obsolete software/hardware part. Unfortunately most games have been re-released as PS2 or PC video games totally throwing out the obsolete arguement for downloading roms. You can buy them on newly printed media to be played on current hardware.

Do you see where I'm going with this?

[matthew13l]

Originally posted by Johnny Fist
Yeah, I understand the part about the obsolete software/hardware part. Unfortunately most games have been re-released as PS2 or PC video games totally throwing out the obsolete arguement for downloading roms. You can buy them on newly printed media to be played on current hardware.

Do you see where I'm going with this?

Yeah I see what you mean. But for example, the SNES game Earthbound is no longer being made. So until this game is re-released (if ever), the ROM is legal?

-Matt

[stix_kua]

If oyu own the game, you can own the ROM too...

That is legal...

If you do not own the game, you can use the ROM on your computer for 24 hours maximum.

[matthew13l]

Originally posted by stix_kua
If oyu own the game, you can own the ROM too...

That is legal...

If you do not own the game, you can use the ROM on your computer for 24 hours maximum.

Yeah I know about all that, but what about the exemptions in the info contained in my link?

-Matt

[Johnny Fist]

Exactly which exeptions are you talking about?

[matthew13l]

Originally posted by Johnny Fist
Exactly which exeptions are you talking about?

--------------------

http://www.copyright.gov/1201/

On October 28, 2003, the Librarian of Congress, on the recommendation of the Register of Copyrights, announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. The four classes of works exempted are:

(3) Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

-----------------

Now remember, I'm not very good at reading legalese, so it is very possible that I am mis-interpreting this document.

-Matt

[stix_kua]

So pretty much N64, the original PlayStations (grey cabinet), SNES, NES, Gameboy Pocket, Gameboy Original, Game boy Color, Atari, and all that other stuff is legit then.

[crossedup]

Sounds right, interesting. Hadnt heard of that one.

I have roms for all the games I own and I still have in a closet the original NES, SNES, Genesis, N64 and gameboy monochrome.

Interesting to see what happens, maybe the actual legit ROM sites will pop back up like they used to be.

You can still find them, yes, but they used to come with screenshots and info and all that sort of stuff you could see before you d/l.

MAME still my favorite. Dont use it as much as I used to.

[Johnny Fist]

Originally posted by Johnny Fist
Yeah, I understand the part about the obsolete software/hardware part. Unfortunately most games have been re-released as PS2 or PC video games totally throwing out the obsolete arguement for downloading roms. You can buy them on newly printed media to be played on current hardware.

Do you see where I'm going with this?

I already addressed that part about the obsolete hardware/software.

[matthew13l]

Originally posted by Johnny Fist
I already addressed that part about the obsolete hardware/software.

I understand what you meant. But for example...the SNES game Earthbound has not been re-released in America. So, wouldn't that mean I can legally possess the ROM until it is re-released (which I doubt will ever happen)??

-Matt

[Johnny Fist]

YES!!!

With a little deductive reasoning you'd be able to see that if the game has not been rereleased then it is perfectly legal for you to be playing the rom on an emulator provided you yourself own the game from which the rom was extracted. You simply can't download the rom and play it. You have to actually posses the very same cartridge or whatever the rom was pulled from.