Report: PS3, Vita, And PSP Stores To Be Permanently Closed In A Few Months

Fiz

Pro Adventurer
AKA
Eh?
I don't emulate -- at least, not in the shady sense. I don't want to get into trouble just for trying to play a game that I can't conveniently buy, sigh. This means that I still haven't played stuff like Xenogears, Chrono Cross, and Mother 3, as none of them are available in Europe, ugh.
Whilst this is not legal advice, I do believe that emulation is perfectly fine and legal. The only people that can get into trouble are the developers of emulators if they break patents and providing they don’t do that then they are fine too.

The legal problem comes with downloading games that you don’t own. This is where it gets tricky.

If you download a ROM and do not own the game, that isn’t obviously copyright theft.

If you own the disk and play from disk, you are totally fine.

If you own the disk and package it up as a ROM for play, you are also fine because this is a fair use.

If you download a ROM from the internet, but also own the disk then the general belief is that this would constitute a fair use. It has never been tried in court, but the general expectation is that the publisher would lose.

Footnote:
This is not legal advice
 

Nanaki Skywalker

The Symptom of the Universe
AKA
Tarkatan Trash
Whilst this is not legal advice, I do believe that emulation is perfectly fine and legal. The only people that can get into trouble are the developers of emulators if they break patents and providing they don’t do that then they are fine too.
I seem to recall Hyperkin getting in legal hot water over that exact situation when they launched the Retron 5 clone console.
 
Top Bottom