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| ROM legality and dumping (mame - beatmania) |
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| my58vw:
The interesting thing here is that you can not go an get the original hardware anymore, it is only avalable through the used marketplace. You could not even get them imported if they made them, because the kits in question were designed to be for home use only. I could never think of using a rom in a money making environment. |
| johnperkins21:
--- Quote from: SavannahLion on February 25, 2008, 06:33:55 pm ---Nintendo(?) did argue in court that the legal backup issue in copyrights related to media that were considered volatile at the time. In other words, floppy disks necessitated backups whereas solid state cartridges did not. That precedence could be leveraged to argue that solid state circuitry, disc media, and hard drives are considered non-volatile media. I suppose this precedence could possibly be discarded if it's proven to the courts that such media is volatile but over a longer period of time. --- End quote --- It's a very tricky situation, and one the courts generally rule in favor of the corporations for. However, the DMCA does not prohibit creating a backup, and the Betamax Doctrine makes it possible to create legal backups. Each infraction that doesn't fall directly within the two (i.e. EULA strictly prohibits backups) would need to be handled on a case by case basis in civil court. Until a case actually goes to trial and a judge hands out a ruling, all we have is guesses based on copyright law, the DMCA and the Betamax Doctrine. Even once a case comes out all that we'll probably get is precedent and depending on the circumstances that may not help either. The way I'd look at it is this: Make a backup copy for yourself = legal (almost zero chance of getting caught too) Distribute backup copy to others = copyright infringement Circumvent copy protection = illegal |
| johnperkins21:
--- Quote from: my58vw on February 25, 2008, 08:21:06 pm ---The interesting thing here is that you can not go an get the original hardware anymore, it is only avalable through the used marketplace. You could not even get them imported if they made them, because the kits in question were designed to be for home use only. I could never think of using a rom in a money making environment. --- End quote --- No, but the problem is that someone out there still holds the copyright. There was a while there while the lack of companies making money on the products gave us a little more wiggle room (not much, but some). Now with things like XBOX Live Arcade, Virtual Console, and other revenue streams, the copyright holders are looking at other ways to continue making money off of their products. At some point they'll fall into the public domain, but as we've seen the courts do many times (just look at Mickey Mouse, should have hit public domain eons ago), they'll side with the corporations almost every time. Heck, even the Betamax Doctrine was a win for Sony more than the consumer at the time. |
| SavannahLion:
--- Quote from: johnperkins21 on February 26, 2008, 01:04:30 am ---It's a very tricky situation, and one the courts generally rule in favor of the corporations for. However, the DMCA does not prohibit creating a backup, and the Betamax Doctrine makes it possible to create legal backups. Each infraction that doesn't fall directly within the two (i.e. EULA strictly prohibits backups) would need to be handled on a case by case basis in civil court. --- End quote --- Betamax doctorine protects the existence of said machines/devices that could potentially be used to make backups, not the specific act of the backup. |
| Jdurg:
--- Quote from: my58vw on February 25, 2008, 08:21:06 pm ---The interesting thing here is that you can not go an get the original hardware anymore, it is only avalable through the used marketplace. You could not even get them imported if they made them, because the kits in question were designed to be for home use only. I could never think of using a rom in a money making environment. --- End quote --- Heh. But there are many Korean and Chinese, and even American individuals who think otherwise. Take a look at all the 48-in-1 and 1000-in-1 arcade PCBs out there. They are simply a whole slew of ROMs burned onto a board with an emulator in there. Their goal is to make money off of those ROM images. Any multi-game PCB that doesn't have the explicit consent of the original manufacturers of those games is technically illegal. |
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