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KhaosKnight
July 5th, 2008, 07:01 PM
i was browsing youtube and found this video

http://www.youtube.com/watch?v=AgzGF_eYAYs

It got me thinking, can Nintendo really take some law action against us in this community(i always figured they could but never thought about it much).

I figured since we dont make any monetary gain from it we arent doing anything wrong so...i dont know, what is your take on the subject.

Blazichu
July 5th, 2008, 07:25 PM
Nintendo has not banned or made ROM hacking illegal, they will just stop you from downloading their ROM files, that is what ESA protection is. Many of the Mario games are ESA protected yet they are still being hacked. IPS patches are not illegal, so you can still exchange them.

DJ91990
July 5th, 2008, 08:26 PM
Here is a Censored version of my Youtube Comment.
The ESA can SUCK MY *%&* or *%&#!

You can still download them, you just need to know where to look.
Some websites have their servers over in some distant country and they manage it from the USA.
They would RIP and UPLOAD it to their OUT OF USA website and work arround the stupid ESA.

ALL ROMS are ILLEGAL!
Duh...

hypermario
July 5th, 2008, 08:44 PM
I thought it was legal to download a ROM if You have the actual game for whatever system

Reaper 6
July 5th, 2008, 09:04 PM
right its ok to upload to your computer the rom from the real game if you have it but you cant download a rom because thats ilegal and so isuploading roms to the internet but as someone pointed out (Blazichu thank you) IPS PATCHS are not ilegal so use them to hack

thethethethe
July 5th, 2008, 09:29 PM
Okay, Rom hacking is not illegal.
The distribution of roms is illegal.
We can share .ips files because they contain data not originally from the rom.
And I believe you may download a copyrighted game if you have bought or own the game for backup purposes.
If they gained enough proof that you have done something illegal, they could probably sue you for damages, but it would probably cost them more than they would gain.

destinedjagold
July 6th, 2008, 05:48 AM
blahblahblah...
the only thing which is illegal here is to distribute ROMs and to sell hacked ROMs/pirated ROMs. that's why pirates are number one nuisance in the ROM hacking world. they sell the work of others. those pests are the ones who should watch out, and not us ROM hackers!

We ROM hackers show our support and love of POKeMON by creating our own game, since we're not satisfied by the collect badges, elite four battle, become champion. we wanted to add a new feel in the game.., just to make POKeMON games more playable and fun.

D-Trogh
July 6th, 2008, 10:54 AM
To clear things up.. you CAN'T download ROMs, even if you have the original..
(Of course we don't listen to that XD)
AND.. In the US (and probably some other countries, it differs per country..) you are NOT allowed to make a backup of your game..
But, in those countries where you are allowed to make a backup of your game, you can have a ROM on your computer LEGALLY..

-MEH-

Virtual Chatot
July 6th, 2008, 11:03 AM
Nintendo has even released ROMs in the past.
I also can't see why Nintendo would take some kind of legal action against ROM hacking, they wouldn't get any money anywho.

Yoshimi
July 6th, 2008, 11:16 AM
I really don't have anything to say, but here is a question.
What are the odds of nintendo officials breaking into your house and checking all the data in your computer?
And isn't rom distribution illegal?
I think the only reason roms are illegal is because pirates sell fake games of it with the pokemon name labeled on it.
Especially the terrible games giving nintendo a bad name.

Virtual Chatot
July 6th, 2008, 11:40 AM
I really don't have anything to say, but here is a question.
What are the odds of nintendo officials breaking into your house and checking all the data in your computer?
And isn't rom distribution illegal?
I think the only reason roms are illegal is because pirates sell fake games of it with the pokemon name labeled on it.
Especially the terrible games giving nintendo a bad name.
- No chance at all
- Distributing ROMs is illegal, but we have a loophole with .ips
- Pirates, say no to them

BakingBluePotatoe
July 6th, 2008, 12:54 PM
As long as money isn't in the picture, I don't see what's wrong with it! O_O

Nintendo has even released ROMs in the past.
I also can't see why Nintendo would take some kind of legal action against ROM hacking, they wouldn't get any money anywho.

who said who did what now?
When was that?

Virtual Chatot
July 6th, 2008, 12:57 PM
\who said who did what now?
When was that?A few years back, Nintendo provided a few demo ROMs on their website.

sinkaslash
July 6th, 2008, 04:20 PM
Its not ilegal there just trying to stop nintendo rom downloads but if you own it in
real life its legal but stop just saying its ilegal MY GOD:O

IIMarckus
July 6th, 2008, 04:22 PM
Its not ilegal there just trying to stop nintendo rom downloads but if you own it in
real life its legal but stop just saying its ilegal MY GOD:ODownloading licensed ROMs is illegal whether you own the physical cartridge or not, and whether you keep the ROM or not. The only legal way to own a Nintendo ROM (barring things like Virtual Console) is to upload the ROM directly from the cartridge, and even that's very much a legal gray area.

Ninja Caterpie
July 6th, 2008, 04:53 PM
ROMs are illegal.
Hacking is not illegal.

Enough said?

DJ91990
July 7th, 2008, 03:31 PM
A few years back, Nintendo provided a few demo ROMs on their website.

Not the USA websites though. Right?
You mean the Europe ones?
I never saw ANY ROMS from Nintendo(dot)com!

Its not ilegal there just trying to stop nintendo rom downloads but if you own it in
real life its legal but stop just saying its ilegal MY GOD:O

Uh...if that was true, some WEBSITES would not have been SHUT DOWN becouse of it.
Come-on man! Use your head!

Major-Name compines with BIG $$$ HAS THE LAW ON THEIR SIDE!
Reguardless of the "Oh, I'm just Digitaily Sharing my game with some of my[1-billion some]friends!"
Nintendo WILL NOT go and stop every user that downloaded the ROM.
There will either do 1 of 2 things:
1 Shut down[ONE OF THE MASSIVE AMMOUNT OF CONSTANT SPAWNING] ROM websites
or
2 Put a NEW SAVETYPE or ANTI-PIRACY CODE[Which will be cracked 1 day to 2-weeks later by Flashcard Compinies such as R4DS] to prevent Emulators and ROM-Loading Nintendo DS Flash/Passme Cards to access the Game's Save Data or Game Data, resulting in a white screen or game lockup at one point, or (For the Love of God) T.M.S.O.D.[The Moogle Screen of Death]!

It's like the CD Compiny!
"Oh, MP3's are against the LAW...unless you pay $1.00 per .MP3!"
(Nah, I'll just download it with the Encription so I can't listen to it, then get a buncha hackers to Crack and remove the Encription and re-distribute it to 1-billion people that where waiting for the song!)

Watch Nintendo NOT GIVA FLYIN HOOTHOOT when POKEMON PLATINUM comes out IN JAPAN THIS SEPTEMBER/FALL/AUTUMN...
They will either do nothing, or...they will put in a NEW SAVE TYPE/ANTI-PIRACY ENCODING(Which will be cracked/core programed and removed via new fermwhare within 2 DAYS!)

It's a constant struggle.
Just better watch your behind of this kind of thing, and don't let ANYTHING scare you.

lukeh
July 7th, 2008, 04:52 PM
Note the update now (found on the information of the vid):

UPDATE: It turns out ROM hacking isn't illegal aymore, but downloading the ROMs is, so if you already have a ROM, don't get rid of it


Discussion is over, thats all there is to it.

IIMarckus
July 7th, 2008, 04:56 PM
UPDATE: It turns out ROM hacking isn't illegal aymore, but downloading the ROMs is, so if you already have a ROM, don't get rid of itROM hacking has always been as close to being illegal as you can get without technically being illegal. And you're not only breaking the law when you download a ROM illegally, but also when you possess a ROM illegally.

Melash
July 7th, 2008, 05:07 PM
Just a comment...I was using google to look up information of ROM's awhile back, and I found a Nintendo announcement about ROM's. They said that ROM's were illegal, but they also said that they were not taking any legal action against them! Awesome!

Yoshimi
July 7th, 2008, 05:13 PM
Just a comment...I was using google to look up information of ROM's awhile back, and I found a Nintendo announcement about ROM's. They said that ROM's were illegal, but they also said that they were not taking any legal action against them! Awesome!

Well why would they?
they'd have no leads and would have to break in random houses and check peoples computers.
they would just be like sitting ducks without a lead, unless they had a detective Conan, Sherlock homes hybrid of a person, and even then they would have trouble.

ICE-X
July 7th, 2008, 05:27 PM
I keep my hack on a USB drive because I live in two houses. If nintendo searched my computer they wouldn't find anything......lol. And all of my nds roms are on my supercard!

Melash
July 7th, 2008, 05:32 PM
Well why would they?
they'd have no leads and would have to break in random houses and check peoples computers.
they would just be like sitting ducks without a lead, unless they had a detective Conan, Sherlock homes hybrid of a person, and even then they would have trouble.
Yeah...I guess you're right! We're worry free! For now.... *laughs*

mattattack
July 7th, 2008, 05:58 PM
Look this is how it goes pokemon downloading ROMS is kinda like CD downloading:

As long as you don't SELL it it's legal

The Rom websites are like LIMEWIRE it's free, has good quality, and is legal

IIMarckus
July 7th, 2008, 06:03 PM
Look this is how it goes pokemon downloading ROMS is kinda like CD downloading:

As long as you don't SELL it it's legal

The Rom websites are like LIMEWIRE it's free, has good quality, and is legalDownloading CDs is illegal too. :rolleyes:

dragonarche
July 7th, 2008, 09:46 PM
ROMS you are allowed to have them

If you live in Australia
roms are prfictly allowed as long as you follow these rules
(i found a cople of loop holes)

*don't make money of them

*don't give them to other people
use ips patchs

*must be deleted within 2 days
just copy and paste
(changes the date moderfied)
http://forums.xbox-scene.com/index.php?showtopic=615495


________________________

Ryousha
July 7th, 2008, 10:27 PM
Let me point a few things,

We have loved roms since we wanted to play roms on the comp right?
Well... WRONG
Nintendo points out rom's are illegal, because then it gives a reason why smart people download roms instead of buying the game.


Another thing:

Rom Hacking isn't illegal(well to SMW-super mario world, it is.)
Nintendo are idiots and doesnt realize we can make a hack that's ten times better than their games.


Pirates:

Pirates, gain money, right?
I actually sue them if it shows some hack games I see


Examples:

Shiny Gold
Blue Sea
White
Pokemon Perla


Pirates gain money, then when they realize they get sued, they move their shops.

So if everybody stopped rom hacking, their still get money from what they burn games onto the cartridges, and tell those people who said rom hack is illegal to

Eat ****
Pirates won't stop, so stop complaining.
People of PC are going to hack you guys, if you don't shut up.

Syrex
July 7th, 2008, 11:12 PM
Couldn't have said it better myself.

Although, I don't see why Nintendo would try to sue a user of a hacked version.

Seeing how they are not taking credit for the entire game, but just for the hacked parts of it.

Maps, Trainers, Scripts ect.

When it comes to Nintendo, They're not the smartest with legal issues.

dragonarche
July 8th, 2008, 04:43 AM
Just a comment...I was using google to look up information of ROM's awhile back, and I found a Nintendo announcement about ROM's. They said that ROM's were illegal, but they also said that they were not taking any legal action against them! Awesome!
Thats good news for us rom hackers
now we can happily hack pokemon games agin.
yay!!

i hope pokemon platinum gets released soon
so i can play it on my R4
can't wait

loadingNOW
July 8th, 2008, 08:16 AM
i am a little surprised here... the fact that they joined some organisation does not change the law. at all but also the use of ips patches is also not perfect from a legality standpoint. some things you might be want to consider
-translations are ALWAYS illegal, but normally noone cares (counter example harry potter fan translation)
-having any nintendo code/data in the ips=illegal (will happen if you have to relocate a map or so)
everything else besides cheat codes is gray area at best

KhaosKnight
July 8th, 2008, 09:39 AM
i never figured that Rom Hacking WAS illegal, i just wanted to be safe...even if it was illegal i wasnt going to stop or delete my roms...i download music and thats illegal but that doesnt mean im going to delete my mp3s either

Syrex
July 8th, 2008, 09:44 AM
i never figured that Rom Hacking WAS illegal, i just wanted to be safe...even if it was illegal i wasnt going to stop or delete my roms...i download music and thats illegal but that doesnt mean im going to delete my mp3s either


Exactly, I mean, sure. I wouldn't doubt there has been a few people that have gotten in trouble for the use of ROMs they had. but what happened with the whole pirating music?
People got caught and it was this giant ordeal over the news, but look now. the mp3 pirating ordeal has almost completely died off. Just like ROMs. I begin to think after long
enough of trying to fight pirating they just gave up. Just like how Nintendo has basicilly giving up on legal issues dealing with ROMs of their games.

Mitchman
July 8th, 2008, 09:51 AM
Well yeah but last year 80% of uks gaming teens had pirated games. I mean lol its uncontrolable.

Syrex
July 8th, 2008, 09:53 AM
I was just trying to get the point across that the government and companies almost give up on controling the situation because it gets out of hand and it'll take A LOT of money and such to be
able to actually bring all the people who has pirated games to justice. It's an impossible odd.

Busted 101
July 8th, 2008, 10:32 AM
I heard on www.poke-amph.com (http://www.poke-amph.com) that ROMs are only illegal if you don't own the game. Is this true?

Syrex
July 8th, 2008, 01:05 PM
I haven't got a clue if it's true or not. I hope not :P But then again, I don't care.

One Winged Angel
July 8th, 2008, 02:25 PM
I keep my hack on a USB drive because I live in two houses. If nintendo searched my computer they wouldn't find anything......lol. And all of my nds roms are on my supercard!

Well, thats where they would bust you. Even though you keep it on ur USB,
it still leaves traces on your CPU. You would need to format your hard drive for
them to not find it, and theres still a chance that it would show up.

machomuu
July 8th, 2008, 04:07 PM
What I'm most worried about is the fifth generation of pokemon, If we can no longer get roms in the future, how will we hack future generations.

IIMarckus
July 8th, 2008, 05:03 PM
I heard on www.poke-amph.com (http://www.poke-amph.com) that ROMs are only illegal if you don't own the game. Is this true?No matter whether you obtain the game or not, downloading ROMs is always illegal.

In any case, I doubt that Game Freak would join the ESA, an American association. So far I've seen no mention of it outside of a few Youtube videos... and we know how trustworthy those are. :rolleyes:

dragonarche
July 8th, 2008, 06:48 PM
i have smeting to say
so only nintendo has joined the ESA
what about the other companys
that make NDS roms

Ven~
July 8th, 2008, 07:06 PM
meh the good thing is that i have all the roms i need
and i can't download roms now anyway cause my dad installed this weird thing that blocks me from extracting zipped folders

Glitter Stain
July 8th, 2008, 07:18 PM
No matter whether you obtain the game or not, downloading ROMs is always illegal.
I'm pretty sure that that's not true. At least, if it is, it hasn't always been. I've always known it to be legal if you own the game.

蜃気楼
July 8th, 2008, 07:23 PM
ROMs are not strictly enforced in China.
email Nintendo about all of them

IIMarckus
July 8th, 2008, 07:48 PM
I'm pretty sure that that's not true. At least, if it is, it hasn't always been. I've always known it to be legal if you own the game.It has always been illegal to download ROMs that aren't in the public domain. Always always always. If you own the original game, it's still illegal. If you delete the ROM after 24 hours, it's still illegal. That has never changed, and probably won't anytime soon either.

dragonarche
July 8th, 2008, 09:25 PM
No matter whether you obtain the game or not, downloading ROMs is always illegal.

wrong there are rules

*only download roms if you own the original
otherwise must be deleted within 24hours
*don't sell the rom
*dont give the rom to someone else

IIMarckus
July 8th, 2008, 09:38 PM
wrong there are rules

*only download roms if you own the original
otherwise must be deleted within 24hours
*don't sell the rom
*dont give the rom to someone elseThose rules were made up by ROM site owners years ago trying to bring some "legitimacy" to their piracy. Downloading ROMs that aren't released under a free license is illegal, always. It's still illegal if you own the original. It's still illegal if you delete it within 24 hours. It's still illegal if you don't sell it. It's still illegal if you don't give it to somebody else. Downloading ROMs that aren't released under a free license is illegal, always.

Blazichu
July 8th, 2008, 10:34 PM
The matter of the topic seems to have been settled, so I'll lock this because it is now going to a ROM downloading topic instead of a ROM Hacking topic like it intentionally was.

*Locks*