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How legal is this?

SkyStar

is a Sith Lord
43
Posts
14
Years
As I was saying in the title, how legal is rom hacking? I am thinking about making a rom hack, and I would like to make sure it is completely legal. Also I own the game I would like to hack.
 
50
Posts
12
Years
If you own it and bought the game yourself it should be legal, as long as you don't try to distribute it in a gameboy cartridge or something like that.
 

ipatix

Sound Expert
145
Posts
15
Years
If you get the ROM image from your own cardridge it should be legal.
Nintendo hasn't really done anything against romhacking yet. The actualy problem is the piracy of all the games, so if you don't download or upload ROMs you shouldn't get in trouble.
 

SilverAbsol

Absol's Shadow
86
Posts
12
Years
I think Nintendo has no problem with Rom Hacking so long as everyone knows that they own Pokemon and no one is trying to sell their rom hacks.

I think it would fall under the category of fan works, I'm not too sure :P
 

Truality

Left for good
1,006
Posts
12
Years
  • Age 32
  • Seen May 17, 2013
ROM Hacking is perfectly legal as long as your modified data is not (re)distributed. However owning a ROM is not legal, not even if you own the game. Downloading is considered illegal. If you're that desperate for legality, find a way to dump your game cartridge.

But this is the internet we're talking about, so give it a shrug.
 

Pingouin_7

Guest
0
Posts
However owning a ROM is not legal, not even if you own the game. Downloading is considered illegal. If you're that desperate for legality, find a way to dump your game cartridge.

But this is the internet we're talking about, so give it a shrug.

Welcome to Earth, where not every country is subject to the same laws.
 
1,234
Posts
13
Years
  • Seen Mar 10, 2013
As long as you're not trying to sell it over a public and easy-to-find location such as a well-known website, they probably won't care in the majority of cases. They still reserve the right to tell you to knock it off as soon as they catch wind of something they don't want happening at all, though.
 

Ayutac

Developer who wants your help
157
Posts
12
Years
I guess they hold the Copyright = the right to copy. So if you copy their games you would hurt their copyright and by that they could accuse you. But in general nobody gives a freak as long you don't make money. Because THEY want this money. So as said, the greater problem is piratery.

Hm, I bought Ruby by myself, and I did "not" download it additionally to play it on my PC, so I think that is alright.
 
1,344
Posts
14
Years
  • Seen Dec 10, 2021
ROM Hacking isn't illegal, but it is to download the ROM, regardless of whether you have the cartridge or not.
 
Last edited:

shinyabsol1

Pokemon DarkJasper!?
333
Posts
13
Years
  • Seen Nov 23, 2022
Downloading roms is illegal. This is what it says on nintendo.com:

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.

ROM hacking, on the other hand, is perfectly legal. Nintendo couldn't care less about hacks...unless you're selling them. For perfect legality, your rom must come from your own game cartridge.
 
5,256
Posts
16
Years
It is illegal, yes. But then again, people have been doing it for at least the past five years. Not to mention the Mario hackers, etc. etc. I'm sure, if you don't sell it commercially, Nintendo will probably let it slide. But don't worry, I've been hacking for three years and I'm fine :3
 

Platinum Lucario

The Legendary Master of [color=#D8D48C]Light[/colo
1,607
Posts
16
Years
Normally downloading copyrighted content is not legal, and I'm sure if Nintendo noticed about ROM Hacking... then I'm sure they'd take action against it. But since these things are hardly even noticeable for them (since they mainly have to work on their software and the stuff in their server in the headquarters either in the United States, Japan, Europe, Australia or any other country), it's not likely they'd notice ROM Hacking anytime soon, unless someone mentions it towards Nintendo. Knowing what most gaming companies are like with expecting their profits (which would be why I'd be sticking to Free Software most of the time and editing the payed software, because who needs to pay for something that can be distributed for free?).

There's no real need to worry about ROM Hacking or even downloading ROMs (or any kind of software). 'Cause it's all about sharing things with others, right? I always download ROMs and ISOs 24/7, it's all about researching and finding new things on certain ROMs or ISOs to then figure out how to edit them and look into them with a hex editor like HxD. Like I'm considering on creating fan-made titles for the Fire Emblem games that wern't released outside of Japan, so that way it can give those games that feel of it being as close to how the English editing team do it. Hacking new ROMs and ISOs always feels like a brand new adventure that will help shape the world wide web and it's free speech. :)
 

The Void

hiiiii
1,416
Posts
13
Years
As long as you own the game and game console yourself, it's perfectly legal, as long as you don't put all that data in a cartridge and start selling it in anyway for your own profit.
 
3,411
Posts
15
Years
  • Age 28
  • Seen Apr 18, 2024
Game catriges are things - and we do what we want with our things, throw them out of the window, crush them againist a wall, flush them down the toilet or hack the hell out of them :D

On the other hand, the rights of Nintendo are violated.. but honestly, who gives a fadoodling duck?
 
22
Posts
12
Years
  • Seen Aug 4, 2019
The hacking itself isn't illegal.
As for the ROMs, well...the Internet's going to have them forever and always.
So long as nobody links them etc. etc. it remains a grey area.
Just don't worry about it.
 
188
Posts
13
Years
  • Age 29
  • Seen Mar 18, 2017
You should be fine unless you're uploading the actual ROM. I don't think the patches themselves are illegal, since it's just changes you made and not the actual game.

However, you should probably be careful if SOPA passes. I'm not completely sure about this, but it might get you in trouble.
 
165
Posts
14
Years
  • Seen Jan 28, 2012
As I was saying in the title, how legal is rom hacking? I am thinking about making a rom hack, and I would like to make sure it is completely legal. Also I own the game I would like to hack.

Well, regardless of you owning the game or not, downloading ROMs is illegal. What isn't illegal though, is making a backup of your ROM from your cart onto the computer. But both of the previous methods will give you the exact same file. So, it's your call there...

After you have the ROM, you can do with it as you please, this is fully legal, but when you distribute your hack, don't include anything from the original ROM, or else it is illegal, you would do this by sending a binary patch file... IPS seems to be the preferred method around here.
 

LEXAcide

That 1 Guy
181
Posts
14
Years
to be completely honest, I don't think anyone would do anything about you ROM Hacking. Especially if you don't "ruin" the experience for other players. That is a quote from Microsoft with XBOX LIVE. They say that you can hack all you want, just keep it off the internet.

I bet the same applies for this Pokemon game. Just don't spam it on the internet and you should be fine. ;)
 
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