Pokemon Rom-Hacking Illegal

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.

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.

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...

I thought it was legal to download a ROM if You have the actual game for whatever system

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

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.

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-

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.

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.

makunouchi said:

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.

Click to expand...

- No chance at all
- Distributing ROMs is illegal, but we have a loophole with .ips
- Pirates, say no to them

As long as money isn't in the picture, I don't see what's wrong with it! O_O

Virtual Chatot said:

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.

Click to expand...

who said who did what now?
When was that?

~KiTsUnE said:

\who said who did what now?
When was that?

Click to expand...

A few years back, Nintendo provided a few demo ROMs on their website.

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

sinkaslash said:

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

Click to expand...

Downloading 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.

ROMs are illegal.
Hacking is not illegal.

Enough said?

Virtual Chatot said:

A few years back, Nintendo provided a few demo ROMs on their website.

Click to expand...

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

sinkaslash said:

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

Click to expand...

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.

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.

lukeh said:

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

Click to expand...

ROM 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.

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!