Quote:Original post by Toolmaker
Your friend should read the nintendo site. They state on their site that owning ROMS(Even if you do own the original cartrigdes yourself) is illegal.
Bzzt! Wrong. Downloading ROMs is like downloading MP3s - it's legal if you own the copyrighted material already. Uploading either one for download, however, is emphatically
not legal. Funny, eh?
Quote:Original post by Toolmaker
Raed the DMCA(Or whatever it's called) act. It's illegal in the US to make backup copies of software you legally own.
Bzzt! Wrong. You are allowed to make a backup copy of software you own. What you are not allowed to do is
circumvent copy protection. That means that if the software contains copy protection such as asking for a key of sorts, the copy must as well. And therein lies the problem. Most people want to interpret "backup" as "unprotected copy."
Sorry, no dice.
Quote:Original post by darookie
So since not even the hardware is sold/in production anymore, what 's the problem with that?
Consider the recent
Namco Arcade Classics collections that have been released for Xbox, PS2, etc. If the rights to those games, most of which are about 20 years old, had reverted to the public domain after 10 years, Namco wouldn't be able to bilk us for games we've already played. But don't blame Namco. Blame fucking Disney, who got patent and trademark law
changed so Mickey Mouse, etc wouldn't fall into the public domain!
Quote:Original post by Toolmaker
Back to the copyright thing again though and the quote "We don't care if you copy SOME games for personal use, but as soon as you try and sell them, consider yourself busted".
That's not a statement of law, that's the statement of one company, Sony, so don't apply it to the products/rights of any other company. The reason it's relevant is because patent and/or copyright law, I forget which, holds that a product shall revert to public domain if it is not "vigorously defended" (their language, not mine) by the rights holder. This is why Nintendo cracks down so fiercly on
Metroid and
Zelda "tributes": if they don't, those properties will no longer be theirs. The sole caveat is that the rights holder must demonstrably have become aware of the infringement, which is why making a
Harry Potter Quidditch game and distributing it solely by SneakerNet amongst your family and friends is not a problem.
Finally, boolean, please tell your friend that he's done some
bitchin' work there! Very nice, very cool.