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- Seen Aug 14, 2009
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Downloading the official version of a game in the form of a rom is legal only if you own a genuine hardcopy of the game.
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I may be going a bit off topic here, but I just wanted to make it clear that this isn't completely true. Private ownership of a ROM for a commercial game is only legal in some countries (this does not include the US), even if you do own the original cartridge. Even in the case it is legal in your country, yes, it is only for backup purposes, not modification as you mentioned in your post.
Nintendo doesn't really care whether you plan to modify and sell one of their games, it's still something that one could easily be fined for. To those who say that companies are not taking action regarding this, just try to find a rom of, for example, Super Mario World. For me, doing so yields many, many results, but on closer inspection, almost none are available for download to to ESA protection. So yes, in some cases it is very illegal to create a rom hack.
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