Listing supported systems (emus, roms..) on project site legally ok?

[Organic Jerk]

What's the precedent for listing supported game systems (essentially laying out the emulators and roms you have installed) for your cab on a project website?

I currently have a project website up and I want my about page list the systems I have installed (to wow the people who dont get the whole emulator thing at first or don't read my progress blog  ), but as I was considering it, I realized the kind of legal battle that may ensue if some passing person decided to report or prosecute..or not?

I'm not sure what kind of trap I would be setting up for myself.... opinions?

[shock_]

obligatory: I am not a lawyer.

First off - are you interested in taking a "balanced risk management" approach, or keeping your nose 100% clean?

If what you describe, encourage or admit to on your site isn't illegal, it makes sense that it would be okay. Widespread opinion is that emulator software is unremarkable in itself.

In practical terms, you are probably more likely to be hit by a falling sperm whale than legally done over for mentioning a questionable set of ROMs on your (with respect) niche-interest website.  There are just too many bigger fish to fry out there on the web for anyone to really even bother hunting you down.  That situation may change in the future, as it did for mp3s - but even then, it's still pretty unlikely.

What I think is more interesting and relevant is leaving an information trail on yourself and its impact later.  In 10 years, will you be happy with a potential employer running some clever futuristic background Google/Wayback Machine checks on you, to discover your [em]ethical flexibility[/em] with respect to copyrighted works?  I know it's an odd example, but the truth is you never know when something you commit in writing will show up and bite you.

Could the same site audience be wowed by the cabinet itself, some oblique mention of what emulation is, and ample links to sites like BYOAC for more information? How likely is it you'll pick up significant site traffic from people unaware of emulation anyway? ( I know you put a cheesy grin on that sentence  )

I haven't got my site (or cab) completed yet, but I intend it to be perhaps interesting or useful as a project example for others already in the community or who have just gotten the bug.  What games are actually playable on it really should be of little concern to most people, who will work it out eventually just by exploring if they haven't already.  The world needs more useful cabinet example sites, not catalogues of games

Alternatively you could just prove they're legal !

[Kaytrim]

One console you may want to stray from mentioning all together is the Nintendo line.  They are very protective of their IP.

[AcidArmitage]

One console you may want to stray from mentioning all together is the Nintendo line.  They are very protective of their IP.

but their games are so fun to steal! 

[SavannahLion]

Emulators enjoy legal protection. It is not now, nor ever was, illegal to create or posses an emulator. This is because it's possible for anyone to take a piece of hardware and reverse engineer the hardware in question. Emulators are a side effect of that practice. This was proved several times in court involving all major companies such as Nintendo, Atari, SEGA and SONY. In every case, the court found that reverse engineering and the results of that reverse engineering is legal and protected. Yes, I know the Nintendo FAQ states that emulators are illegal, this is patently false. Probably hails from one court case where Nintendo actually won an RE case on a technicality. Selling the emulator based on reverse engineering probably steps on some legal toes however distributing without cost might not step any legal toes. I've not bothered to really look into that.

Software ROMS and BIOS' are kind of another legal matter entirely. I could probably write pages and pages on what's legal and not legal, and that's without going into the complications presented by the DMCA. To play it safe, it's probably best to err on the side of the legal fence and not mention which ROMS you posses. If you want to mention titles, weigh in the chances of the owner still being in existence or whether the company lawyers would be browsing the web for that sort of thing. Like someone mentioned, Nintendo and Sony are asses about that.

[hypernova]

If you want to mention titles, weigh in the chances of the owner still being in existence or whether the company lawyers would be browsing the web for that sort of thing. Like someone mentioned, Nintendo and Sony are asses about that.

I really don't see this happening.  Ever.  Especially not for some home-built arcade cabinet.  If it was something commercial, or if your site was one of the highest in hits...perhaps as a long shot, but I don't ever see them being THAT bored or anal.

That being said, even if they DO decide to be ---punks---, I would imagine you would first receive one of those "cease and desist" letters.

A disclaimer on your site denouncing illegal ROM ownership may help ease your slightly paranoid brain as well.  I really just don't see them ever coming down on something like this.

Agreed with SavannahLion though.  If you're truly worried, don't mention the ROMS you play.  If it were me, however, I wouldn't give even a first thought to this matter, and talk about everything including ROMS.

[ark_ader]

To be completely honest here: Whats the point?

If you do not own the roms then keep quiet about it.  Odds are we know already.

If you do, then please make as much noise as you can.  Its your page/site and you want to impress your readers with titles in your collection.

What the innocent do with the roms they download after reading your article is not of your concern, but to take a moral standpoint for a moment (the hypocripte in me is screaming against it) the answer is to avoid it at all costs.  If the Feds want to waste taxpayers money to track you down and audit you, then thats the risk you will have to take.  Don't give them any help to do so.

Lets be clear on this $100,000.00 per title and/or one year in jail for every offence committed.   

That makes me blue, screwed and tattoo'd and I bet many others on this board too.   

Whats your address so I can have a look at your collection! 

Anything you have that I don't?