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Question about legalities of Roms
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Tahnok:

--- Quote from: markb on October 04, 2004, 03:38:32 pm ---At the local supermarket they sell an arcade package of 118 classic games for
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Patent Doc:

--- Quote ---Sorry, but item #3 doesn't give anyone permission to distribute roms. The only way it applies to us is that it basically says is that using or writing an EMULATOR is not a violation of the DMCA (Digital Millenium Copyright Act).

Basically, that page is related to exceptions to the DMCA. It's not a blanket exemption to ALL copyright law. Under the DMCA it is illegal to reverse engineer, modify, or even in some ways discuss specifics of copyrighted software.

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Nice explanation Ray.  I'm assuming your either an attorney or law student by your response.  I really couldn't agree more with you.  I think what everyone forgets when they see item 3 from 17 USC 1201 is that the application this has for MAME is for MAME itself not the games.  Basically, it would be contrary to established policy to ban reverse engineering altogether.  The very nature of reverse engineering often leads to advances in the field.  More often than not, the new product does not infringe because it achieves the goals of the original product by a differnet means.  This is where MAME fits in.  It provides a software solution to a largely hardware issue.  It allows programs, designed to be run on obsolete machine, on current computers.  Though, it allows the programs to be run, it does this differently than the original product... MAME does not copyanything.  The software (ie. the games), however, would be the same games on a new format.  This unfortunately is viewed as infringement.  Think copying an album (vinyl) onto a cassette.  It might be arguable if you own the eproms, but the area is VERY grey.  "Fair use" is still a hotly debated doctrine.

Personally, I would steer clear of selling any games apart from ones for which you've obtained a legal lisence.  Probably shouldn't sell the cab with MAME on it either.  You just don't want MAME developers to be tagged with inducement to infringe.  Though that kid in Denmark (or was it Norway) did successfully argue his DVD device wasn't creating an inducement to infringe.  Still better safe than sorry.  If they know about MAME, they can make their own choices and find ROM burners easily enough.

Just my .02

PatentDoc
daywane:
I thought Mame was ok to pass along for free.( I am not selling any cabs) (nor plan to) When I got into emu's it was said emu's and ROMs were fine to pass out just not on the same disk or disks.
Now the ROMs rules have changed but as far as I know not the rules of Mame.
You can find many Mame arcades on ebay any day. All say no ROMs
I thought this was ok?.
Its the same as getting your ROMs from a burner . They are not selling the ROMs , but just the cost of the disk.
Even though there price is more than the disks, I figure the time involved the price is still great.
So... under those same rules if some one builds a arcade or mods a old one, hacks the controls and configures Mame for the PC ( I would use Mame 32 unless you got a ok from a FE author or built your own) and points some one to were they can get there own ROMs.
I see no problems
You are not selling Mame just a PC, Arcade, controllers and the work and time put into it. The Mame program is free.
just like Microsoft say's IE, Note Pad, Microsoft paint is free when you buy window. Oops you do not buy window just the right to use it. (Hmmm ever notice you must agree with the license agreement to install, But if you do not agree with it ,you still can not take windows back to the store and get your money back. Because you opened it.)
Patent Doc:

--- Quote ---(Hmmm ever notice you must agree with the license agreement to install, But if you do not agree with it ,you still can not take windows back to the store and get your money back. Because you opened it.)
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NIce quirk of US contract law.  There are two contracts, one with the software manufacturer whose licensing agreement you often have to agree to for installation or its hidden in the box.  The other contract is with the distributor.  Both are valid and you accept them by installing the software and opening the package repsectively.  However, you can avoid this delima by asking to open the box in the store to "verify all the materials are enclosed."  You then look at the agreement,..if it is in paper form.  If you don't like it, you haven't bought it and can walk.  Your other option is to send it back to the manufacturer.  If you haven't installed, their contract with you forces them to refund your costs.  Of course avoiding the run around won't be easy.
rchadd:

--- Quote from: markb on October 04, 2004, 03:38:32 pm ---At the local supermarket they sell an arcade package of 118 classic games for
--- End quote ---
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