Fan Games Hub General discussions about all things fan games. Topics relating to both ROM hacks and custom games are welcome here. Posting links to ROMs is illegal and is not tolerated anywhere on the forum.

TrollandToad.com
Reply
 
Thread Tools
  #1    
Old December 21st, 2011 (6:03 PM).
SkyStar's Avatar
SkyStar SkyStar is offline
is a Sith Lord
     
    Join Date: Nov 2009
    Location: In a different universe
    Gender: Male
    Nature: Adamant
    Posts: 43
    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.
    Reply With Quote

    Relevant Advertising!

      #2    
    Old December 24th, 2011 (6:36 AM).
    papayaperson's Avatar
    papayaperson papayaperson is offline
    Intermediate Hackker
       
      Join Date: Dec 2011
      Location: United States
      Age: 19
      Gender: Male
      Nature: Relaxed
      Posts: 50
      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.
      __________________
      Reply With Quote
        #3    
      Old December 24th, 2011 (6:50 AM).
      ipatix's Avatar
      ipatix ipatix is offline
      Sound Expert
         
        Join Date: May 2008
        Location: Germany
        Gender: Male
        Nature: Relaxed
        Posts: 146
        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.
        __________________
        Visit my YouTube channel (music hacking and other stuff): http://www.youtube.com/user/theipatix
        Reply With Quote
          #4    
        Old December 24th, 2011 (6:57 AM).
        SilverAbsol SilverAbsol is offline
        Absol's Shadow
           
          Join Date: Nov 2011
          Location: Wales
          Age: 23
          Gender: Male
          Nature: Timid
          Posts: 86
          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
          Reply With Quote
            #5    
          Old December 24th, 2011 (7:46 AM).
          Truality Truality is offline
          Left for good
             
            Join Date: Aug 2011
            Gender: Male
            Posts: 1,007
            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.
            __________________
            This is my December . . .
            Reply With Quote
              #6    
            Old December 24th, 2011 (7:53 AM).
            Pingouin_7 Pingouin_7 is offline
            This account is now inactive
               
              Join Date: Oct 2008
              Age: 23
              Posts: 244
              Quote:
              Originally Posted by Truality View Post
              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.
              Reply With Quote
                #7    
              Old December 24th, 2011 (8:06 AM).
              Crimson5M's Avatar
              Crimson5M Crimson5M is offline
              what
              • Crystal Tier
               
              Join Date: Feb 2011
              Location: Scotland
              Age: 21
              Gender: Male
              Nature: Quiet
              Posts: 1,101
              You're hacking games owned by Nintendo. Of course it's illegal.
              __________________
              Youtube
              Reply With Quote
                #8    
              Old December 27th, 2011 (10:39 AM).
              droomph's Avatar
              droomph droomph is offline
              weeb
              • Crystal Tier
               
              Join Date: Sep 2011
              Location: nowhere spectacular
              Age: 20
              Gender: Male
              Nature: Impish
              Posts: 4,291
              It's as legal as you make it.

              I don't think Nintendo really cares that much.
              __________________
              did u no there r 21 letters in the alphabet
              o i forgot 5
              uraqt


              Reply With Quote
                #9    
              Old December 27th, 2011 (12:09 PM).
              The 100 Mega Shock The 100 Mega Shock is offline
              • Gold Tier
               
              Join Date: Aug 2010
              Gender: Male
              Posts: 1,235
              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.
              __________________
              Reply With Quote
                #10    
              Old December 27th, 2011 (1:08 PM).
              Ayutac's Avatar
              Ayutac Ayutac is offline
              Developer who wants your help
                 
                Join Date: Dec 2011
                Location: Germany
                Age: 26
                Gender: Male
                Posts: 157
                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.
                __________________
                Reply With Quote
                  #11    
                Old December 27th, 2011 (1:09 PM). Edited December 27th, 2011 by chrunch.
                chrunch chrunch is offline
                • Gold Tier
                 
                Join Date: Oct 2009
                Gender: Male
                Posts: 1,349
                ROM Hacking isn't illegal, but it is to download the ROM, regardless of whether you have the cartridge or not.
                __________________
                Reply With Quote
                  #12    
                Old December 27th, 2011 (4:42 PM).
                shinyabsol1's Avatar
                shinyabsol1 shinyabsol1 is offline
                Pokemon DarkJasper!?
                   
                  Join Date: Aug 2010
                  Gender: Male
                  Nature: Calm
                  Posts: 330
                  Downloading roms is illegal. This is what it says on nintendo.com:

                  Quote:
                  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.
                  Reply With Quote
                    #13    
                  Old December 28th, 2011 (3:16 AM).
                  Spherical Ice's Avatar
                  Spherical Ice Spherical Ice is offline
                  • Crystal Tier
                   
                  Join Date: Nov 2007
                  Location: Bristol, UK
                  Age: 19
                  Posts: 5,222
                  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
                  __________________

                  A Pokemon that is discriminated!
                  Support squirtle and make it everyone's favourite.
                  Reply With Quote
                    #14    
                  Old January 14th, 2012 (6:22 AM).
                  Platinum Lucario's Avatar
                  Platinum Lucario Platinum Lucario is offline
                  The Legendary Master of Light!
                  • Crystal Tier
                   
                  Join Date: Jan 2008
                  Location: Warrnambool, Victoria, Australia.
                  Gender: Male
                  Nature: Calm
                  Posts: 1,561
                  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. :)
                  __________________
                  [Platinum Lucario's Signature]
                  If you need to disable my signature, please give me some advice on how to improve the CSS-DIV code. Thanks!
                  Signature Status: Strikes: 1/3 | Infractions: 0/3
                  It's time to change the future...
                  to a positive direction!

                  Let's prevent things from getting bad!

                  I'm a ROM and ISO Researcher
                  Current Project: Researching Pokémon Mystery Dungeon Adventure Squad games (WiiWare)
                  Reply With Quote
                    #15    
                  Old January 16th, 2012 (2:55 AM).
                  The Void's Avatar
                  The Void The Void is offline
                  hiiiii
                     
                    Join Date: May 2010
                    Location: MOTHA RUSSIA
                    Gender: Male
                    Nature: Calm
                    Posts: 1,416
                    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.
                    __________________
                    Όφις ην μη φάγη όφιν, δράκων ου γενήσεται.
                    Reply With Quote
                      #16    
                    Old January 16th, 2012 (7:28 AM).
                    Ray Maverick's Avatar
                    Ray Maverick Ray Maverick is offline
                    • Crystal Tier
                     
                    Join Date: Feb 2009
                    Age: 22
                    Gender: Male
                    Nature: Lonely
                    Posts: 3,344
                    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?
                    __________________

                    ***
                    Reply With Quote
                      #17    
                    Old January 16th, 2012 (2:32 PM).
                    Eelektross's Avatar
                    Eelektross Eelektross is offline
                       
                      Join Date: Jun 2011
                      Gender: Male
                      Posts: 23
                      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.
                      Reply With Quote
                        #18    
                      Old January 18th, 2012 (12:19 PM).
                      Deliciousfruit233 Deliciousfruit233 is offline
                         
                        Join Date: Nov 2010
                        Age: 23
                        Gender: Male
                        Nature: Lax
                        Posts: 188
                        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.
                        Reply With Quote
                          #19    
                        Old January 18th, 2012 (2:17 PM).
                        Dopefish7590's Avatar
                        Dopefish7590 Dopefish7590 is offline
                           
                          Join Date: Feb 2010
                          Gender: Male
                          Nature: Rash
                          Posts: 165
                          Quote:
                          Originally Posted by SkyStar View Post
                          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.
                          Reply With Quote
                            #20    
                          Old January 18th, 2012 (10:05 PM).
                          LEXAcide's Avatar
                          LEXAcide LEXAcide is offline
                          That 1 Guy
                             
                            Join Date: Aug 2009
                            Location: San Diego, CA
                            Age: 26
                            Gender: Male
                            Nature: Jolly
                            Posts: 181
                            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.
                            __________________
                            Reply With Quote
                              #21    
                            Old January 22nd, 2012 (8:24 AM).
                            xephos's Avatar
                            xephos xephos is offline
                            xephos Inc.
                               
                              Join Date: Jan 2012
                              Location: U.S.A
                              Gender: Male
                              Nature: Quiet
                              Posts: 14
                              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.[/QUOTE]

                              But what if you make the ROM, and someone else sells it under your name?
                              Reply With Quote
                                #22    
                              Old January 22nd, 2012 (3:15 PM).
                              sab's Avatar
                              sab sab is offline
                              Now too much of a life.
                                 
                                Join Date: Jul 2008
                                Location: Midgar
                                Age: 21
                                Gender: Male
                                Nature: Timid
                                Posts: 995
                                It is semi-legal. If your in the U.S.A. (like me) it is legal (in most states) to own a game and back it up to a rom. I don't think it's allowed in the U.K. and Australia, but no one really cares enough to come after you, unless you try to sell it. The one exception of this is chrono trigger. I have personally seen at least seven different rom hacks get letters of cease and desist from square, not to mention that one 3d fan game... To answer your question, it is (usually) more legal than pirating movies, but less legal than backing up a rom.
                                __________________
                                Reply With Quote
                                  #23    
                                Old January 27th, 2012 (3:00 PM). Edited January 27th, 2012 by The Corrupt Plague.
                                The Corrupt Plague's Avatar
                                The Corrupt Plague The Corrupt Plague is offline
                                Missingno. hunter
                                   
                                  Join Date: Jul 2009
                                  Location: Glitch city
                                  Age: 24
                                  Gender: Male
                                  Nature: Naughty
                                  Posts: 784
                                  It's a grey area but I'm pretty sure that Nintendo doesn't care anyways. It should be alright just as long as you don't go around selling bootleg carts or trading the roms themselves. Distribute your hack as a patch and you should be safe as long as you stay very far away from a company called Square Enix.
                                  __________________

                                  Credit goes to Team Brushfire for the awesome banner!
                                  Reply With Quote
                                    #24    
                                  Old January 28th, 2012 (9:36 AM). Edited January 28th, 2012 by Projectwolfie.
                                  Projectwolfie's Avatar
                                  Projectwolfie Projectwolfie is offline
                                  I play for keeps!
                                     
                                    Join Date: Jan 2011
                                    Gender: Male
                                    Posts: 419
                                    Nintendo doesn't really care too much about romhacks themselves. Especially when we're talking about GBA games and lower, which aren't sold anymore. I think they realize that there is a pretty good size community out there in general. Just make sure that you're distributing an IPS patch or something instead of a rom itself. If you want to be extra sure, your base rom could be dumped by yourself. And no selling, no matter how tempting it might be to give people the "original feel." If they want it that bad, they can get a flashcart to play their games with. It's worth keeping in mind that emulators themselves are legal, while the ROMs themselves may not be.

                                    However... I should warn that there are companies who do care. There was once a Chrono Trigger sequel hack named Crimson Echoes that got a C&D from Square for example.
                                    Reply With Quote
                                      #25    
                                    Old January 28th, 2012 (9:04 PM).
                                    Quto's Avatar
                                    Quto Quto is offline
                                       
                                      Join Date: Jan 2012
                                      Location: Ill never tell.
                                      Gender: Male
                                      Nature: Lonely
                                      Posts: 701
                                      ^Basically what Projectwolfe said.

                                      More over, I want to make Downloading a rom more clear.

                                      Downloading a ROM is illegal, however the action is justified only if you are doing so to treat it as a back-up. You can review every law, and look into any or all loopholes, its there.

                                      ...The only other time a ROM becomes LEGAL to download is if the country it originates from decides to NOT release to your country! Magi Nation for GBA for example. They made a japanese version of an American card game. They released it to their public and not us! THE GAME EVEN HAS A FULLY TRANSLATED ENGLISH DIALOG!
                                      Reply With Quote
                                      Reply

                                      Quick Reply

                                      Join the conversation!

                                      Create an account to post a reply in this thread, participate in other discussions, and more!

                                      Create a PokéCommunity Account

                                      Sponsored Links
                                      Thread Tools

                                      Posting Rules
                                      You may not post new threads
                                      You may not post replies
                                      You may not post attachments
                                      You may not edit your posts

                                      BB code is On
                                      Smilies are On
                                      [IMG] code is On
                                      HTML code is Off

                                      Forum Jump


                                      All times are GMT -8. The time now is 12:43 AM.