Game Emulation Legality

The cluster debates the legality of emulating, distributing ROMs, and pirating old video games, focusing on fair use, DMCA exemptions, ownership rights, and preservation efforts like those by the Internet Archive.

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#431
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Keywords

IT US DVD GameCube IA SW NES battle.net IS CRIME games pirated game piracy dmca illegal copyrighted copyright console software

Sample Comments

throwaway2077 Nov 8, 2021 View on HN

"I want to play pirated games" is a perfectly legitimate reason

Teledhil May 17, 2023 View on HN

How can it be piracy if I own the game I'm emulating?

ars May 15, 2024 View on HN

It's legal if the recipient owns the game, it would be covered under fair use for compatibility purposes.

pimentel Aug 13, 2012 View on HN

Aren't game ROMs illegal to distribute? How legal is this?

crooked-v Nov 30, 2018 View on HN

Doesn't IA have an explicit copyright exemption for some purposes? See: their playable copies of some games.

saulpw Jan 18, 2025 View on HN

This is not academic: https://www.digitaltrends.com/gaming/video-game-preservation...These are old games, they can't be purchased anywhere, they aren't taking anyone's precious profits, and they still can't be (legally) played.This is one case at least where "piracy" is definitively not theft.

TchoBeer Jul 23, 2021 View on HN

Owning a game doesn't make it legal to pirate it

kristofferR Feb 28, 2024 View on HN

Yeah, you might as well pirate it, that's just as bad in their view.Same with ripping DVDs/Blu-rays, it's illegal to rip them anyway, so might as well just download them.Especially now that they're suing emulator developers, it's almost unethical to buy Switch games anymore.

gwern Sep 18, 2019 View on HN

The IA actually has a DMCA exemption for the pirated games: https://archive.org/about/dmca.php

Rinzler89 Apr 6, 2024 View on HN

Games often use licensed third party assets like copyrighted music or various SW libraries for graphics or networking. That copyrighted content is licensed to them for a fixed number of years.After that license period expires, they're no longer allowed to sell the game, unless they negociate again a new license agreement with whoever owns that IP now, which is often too much of a headache, and if they do renew it, it means a new release of the game for extra money to offset the new licen