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Is it illegal to download a ROM image of a game you already own?
I've been reading some conflicting information about this, so maybe someone here could help me clear this up. I want to download because I have no way of dumping the ROMs from my own copies of the games (dumping your own ROMs from your own hard copy is DEFINITELY legal in the US).
If it's not legal, I think it's absolutely ridiculous that you can't download a digital copy of something that you can prove you own physically. That's like saying you can't download MP3's from a CD you own, but you can rip them all you want. The end result is still the same because you still own the game. It makes no sense. EDIT: In this case, since my question is solved, let's make this thread a general discussion about the legality and ethical issues pertaining to ROMs. For fun's sake. =P |
I'll just say this, a ROM image is not a highly monitored thing, illegal or not. So the FBI is not going to break down your door for downloading this type of thing.
I'm not trying to tell you to do something illegal in any way, but I'm just saying if someone did they would not get in trouble for it. |
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It is still illegal, because you are playing the game under someone else's license to own and play the game. But if you were to make a ROM of your own game, then it wouldn't be illegal since it would be your license you are playing with.
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There are many stupid things that are illegal. Like for example, If I owned my own property, I couldn't make whatever obscene artwork I wanted, even if it was tucked away where only me or a guest could see it, just because it would be obscene enough to violate certain laws.
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In this case, since my question is solved, let's make this thread a general discussion about the legality and ethical issues pertaining to ROMs. For fun's sake. =P |
In some states you can't have ice cream in your back pocket.
But seriously it's like downloading music on Limewire. You can have it on a cd, but you still downloaded it. If it is illegal, who cares? xD |
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However it IS ILLEGAL to SHARE your digital copy. It's not the downloader who is punished, it's the one sharing the ROM file. |
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All roms are illegal. Just buy the game again.
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What I find strange though is how none of this holds true for music. It's probably because of the nature of digital media though; making copies is necessary for MP3 players to be functional. I found out you can even have a spare burned copy on another CD and an unlimited amount of MP3 copies as long as they're for your own personal use and provided all the copies were made off of the CD/MP3s you own. However, downloading in all cases is illegal, even if you own the music already. This means if your CD busted and you have no MP3 copies that are made from that CD then you're stuck buying a new CD. Kinda destroys the spirit of the law if you ask me. |
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It's more or less a legal gray area right now; for the most part, though, it's illegal. Doesn't mean it's wrong, though.
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The Supreme Court said it is illegal to make a ROM of a game if you put it on another cartridge. Though whether a computer, flash drive, or USB card would be considered is a cartridge is also grey. They should make this black and white, not gray. |
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But I would just assume it's illegal, to be honest. It's too up-in-the-air for a definitive answer. |
Well, it depends if you own a prototype game, but nobody will break into your house for downloading ROMs. I only download prototypes and betas and demos. Those are legal.
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I think it's perfectly legal; that's why I back up all of my DVDs to my computer for safekeeping.
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Fair use on the grounds of preservation purposes would like to say "Hi." But even then, it's still not clearly defined and could go either way.
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You can make copies of your game for yourself only as long as you've bought the product already. You can't give the copies to friends, though, and you certainly can't sell'em. If you don't own the product, it's illegal to download it.
Some companies don't even permit back-ups, like Nintendo ($.$); Sony and Microsoft don't really care, as long as you buy the game once. All Nintendo game handbooks state specifically that back-ups "are not needed". That message is not on Sony or Microsoft games. |
For all saying you can make your own backups, I've read elsewhere that that isn't even true either. I'll have to find that quote.
Anyway, not encouraging you or anything, but I can't say I've heard of a case where the downloader was prosecuted. |
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