1. This forum is in read-only mode.

Is this legal??

Discussion in 'General Discussion' started by Adnan1992, Jun 14, 2007.

Thread Status:
Not open for further replies.
  1. Adnan1992

    Adnan1992 Well-Known Member

    I love this site. Its the site I most use. But one thing is bugging me. Is all these roms on this site legally downloadable. I don't know if I'm making a complete fool out of myself, but could someone tell me?
     
  2. Seph

    Seph Administrator Staff Member

    Obviously not, you're getting something you normally pay for, for free. All logic says it's illegal.
    If you already own the game cartridge then I cannot answer if it's legal or not, I don't really care.

    The reason (the GBA/NDS section of) this site exists is because you cannot demo games delivered on a cartridge. So you have no idea if you're buying a piece of shit or a quality game. Since no demo's are available we provide the only thing available, the full dumps.

    So it's not a question of legality, no doubt it's illegal, it's a question or morality.
     
  3. KMC

    KMC Well-Known Member

    Erm, what? So you say this is illegal but it all depends whether or not the downloads are a demo? You speak like a lawyer.
     
  4. Seph

    Seph Administrator Staff Member

    No, I'm saying this is illegal unless you own the actual game cartridge, and even then I'm not sure if you're allowed to download a backup.

    What I'm saying is that who gives a rats ass about the legality, it's a question of morals and ethics. Why do you download ROMs? To screw the system? The big corporations? Or to make sure that the game you're thinking of buying is actually worth the money. If the latter, then great!
     
  5. nitrofreak06

    nitrofreak06 Member

    lol woot go seph =p yah i know for sure that if you don't have the game then its illegal but come on.. how are they going to find out if your downloading them any ways? If your just useing these roms for personal use then the most they can do is give you a small fine wich i think is like around 100 bucks. nothing big, seph when you asked "to screw the system" i totally cracked up lol i guess i could go with that but im too damn broke to buy games any ways so i wouldnt really say that =p. but oh well we only live once might as well make the most of it right? Download games and play them till your dead baby!
     
  6. KMC

    KMC Well-Known Member

    I do it to screw the system, and because i don't have cash to be shelling out thousands just to play some DS games. As of the moment i am selling all my games and buying a computer. I have 12 games and the computer is $500.
     
  7. Dodoman

    Dodoman Well-Known Member

    Welcome to RomUlation :p
     
  8. Adnan1992

    Adnan1992 Well-Known Member

    He hey,

    Thats cool. I'm still gonna use this site. :p. Thanks for the info!
     
  9. Declan

    Declan Member

    the roms are legal as long as you have an original copy on the game
     
  10. Void

    Void Well-Known Member

    ^ That's an incorrect statement. Owning the game does not give an individual rights to own a game back-up as presented on RomUlation. No matter what, a ROM is illegal. As long as an emulator does not have / is not bundled with BIO software, the emulator is totally legal and fine... but using it requires illegal activity. :p
     
  11. Loonylion

    Loonylion Administrator Staff Member

    Not necessarily. The actual (legal) purpose of emulators is to allow development of games for that system, without requiring special (and in some cases, prohibitively expensive) hardware
     
  12. nomercy

    nomercy Well-Known Member

    It also depends on the country you're from. Some countries allow you to make a copy of a legal cartridge or allow downloading of those roms. Uploading is usually the illegal part.

    As far as I know here, in the Netherlands, we pay a small amount of money to the Stichting Thuiskopie for every empty cd/dvd we buy. They should distribute the money amongst the rightful owners then.
     
  13. Relys

    Relys Well-Known Member

    Code:
    http://www.nintendo.com/corp/legal.jsp
    "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."

    Translation: It's illegal.

    The rest of that page is shit thou. The people that pirate games, have no intention of buying them in the first place.
     
  14. Seph

    Seph Administrator Staff Member

    Okay first of all, don't do live links to Nintendo, we don't want to show up in their referrer logs.

    Second of all, quoting Nintendo on legal matters concerning ROMs is like having the prosecution's lawyer say if the defendant is guilty or not, it just doesn't make sense. Of course Nintendo is saying it's illegal, that's how THEY read the law and how THEY choose to INTERPRET it, if they aren't a heavily biased source then I don't know what a heavily biased source is.
     
  15. Adnan1992

    Adnan1992 Well-Known Member

    Woops I got some heated discussions on this log now. :-X.
    Ha ha ha. Its funny to watch! ;D
     
  16. zulkalak

    zulkalak Member

    Its completely legal to backup and store your games as roms and use those roms if you own or have direct access to a legitimate copy of the game. Its illegal to have a rom if you don't own or do not have direct access to the software you have as the piece of emulation software ala rom. I have disks of FF7, there damaged but i have iso's downloaded off the net and thus can play them legally without trouble of being sued by some dipshit company in another country for illegally acquiring goods of trade.

    I have a tonne of games scattered around in various places around the world but in order to play them i use roms, now someone could say that i don't have direct access to that good and thus owning the roms is illegal, however the fact that i own that piece of software and thus can do whatever the hell i like with it, emulation or otherwise, the bums don't have a leg to stand on.

    As long as you own or have direct access to the software thats in emulation form, you can't be touched by anyone.

    This site isn't illegal, heck if you made it private/or modified the terms of service for acquiring the roms from this site you couldn't even be touched by Nintendo themselves!!! Because they would be breaking the law and terms of services set in place by the administer that could prohibit them from suing you, in fact making it possible for them to be counter-sued for breaking a legally binding contract (if you put that into the terms of service as well). Quite a few sites have pulled this one off and Nintendo, Sony and Microsoft haven't been able to touch them.

    Also if you specially state that the site is being used as a historical games archive they are out of luck even more because you cannot (in most countries) be sued for trying to record something for historical reference later in time. The killer part of this is because all matter of historical fact are of public reference meaning you can acquire your "cough" historical reference "cough" and theres not much that can be done.

    Trust me, i know a lot of ways around the bullshit companies try to spin to get sites like this shutdown.
     
  17. Seph

    Seph Administrator Staff Member

    Many of the old ways of "you may only enter if blablabla" is a load of bull crap with no legal hold, I'd like to see the exact law that you think would make RomUlation legal, because it's NEVER legal to distribute copyrighted material no matter how much I think the receiving end has a legal copy.
     
  18. zulkalak

    zulkalak Member

    I guess since in Holland when you own a piece of software its yours to do with as you will doesn't apply to the rest of the world aye. Figures.
     
  19. Seph

    Seph Administrator Staff Member

    Yeah sadly those laws don't go in Denmark. =/
    Not that I own all of the games we have anyway...
     
  20. MaetriArch

    MaetriArch Member

    Are there any real Law writing about ROM illegal? (Except from the manufacturer of course), Well GameFaqs nearly kicked me out while i asked about ToE ROM there, they don't believe i have a broken ToE CD. and to lazy and broke to buy another one.
     
Thread Status:
Not open for further replies.