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| saint:
--- Quote from: Bluedeath on March 11, 2008, 10:24:54 am --- thanks for pointing that out. but if i use images of the software that i own on the emulation of the machine that runs it is "bullet proof" legal right? (Taking for granted that i even got the machine but it may be broken or dead) --- End quote --- No. Until cases are brought to court and precedent set, it is certainly not bullet proof legal. Even after precedents are set they're occasionally changed over time, so I don't believe bullet proof legal is possible. However, for practical purposes, I believe the second best legal ground you can be on when using a ROM in an emulator is to have the original media (for instance, having a C=64 ROM on your computer with the original C=64 diskettes sitting in a drawer, or having an original PCB for an arcade game that's not working whle using the ROM in a cabinet with an emulator). IANAL. The first best of course would be to actually own the legal rights to use the ROM. For instance, when StarROM's was around I bought every ROM in their catalog, including one or two ROMs for arcade machines I actually own outright. |
| saint:
--- Quote from: Neverending Project on March 11, 2008, 10:45:15 am ---I think many also miss the point that even if you own the game, it is illegal to possess a copy of that game. It has been brought up that since nobody owns every game out there, that nobody has the right to own the entire rom set. While this is true, it is also true that nobody has the right to copy any rom (except for roms published as free, or where their copyright has expired). If you buy a CD, you are not entitled to make or buy a copy of it. If you buy a DVD or computer game, you aren't entitled to copy it. You are not entitled to make a photocopy of all the books you own any more that you are allowed to possess a copied version of a published book. Hell, you can't even make a clone of yourself, let alone the people that you own. Morality is an entirely other topic, however. --- End quote --- I concur with everything CheffoJeffo said regarding this. It is my understanding you have the legal right to backup media you own. |
| Faramir:
I think it's funny that most sites that distribute ROMs through bittorrent or otherwise bother to put up a disclaimer stating something like: "In order to download these ROMs you must own a physical copy". Do they really think that disclaimer is any protection for them? It seems to be accepted (here and elsewhere) that owning a physical copy of a game entitles you to possessing the ROM. Is that really the case? Most people say it falls under fair use, but is there any history of this standing up in court (for DVDs or Music)? This is at least a gray area, as organizations like the RIAA & MPAA claim making any copy of their copyrighted material is "stealing". Of course, having a 6yo boy who tends to ruin DVDs, I definitely think it should be allowed. IMO copyright laws are ridiculous. They are mostly unenforceable, and in the case of old ROMs they are protecting no one. Legally I don't think there is any distinction between selling ROMs & distributing them through bittorrent. Of course selling them brings more attention, which may (however unlikely) cause legal action. Morally, I dislike anyone making profit from someones ignorance. That bothers me more than any copyright issues he is violating. |
| CheffoJeffo:
--- Quote from: Faramir on March 11, 2008, 12:09:24 pm ---It seems to be accepted (here and elsewhere) that owning a physical copy of a game entitles you to possessing the ROM. Is that really the case? Most people say it falls under fair use, but is there any history of this standing up in court (for DVDs or Music)? This is at least a gray area, as organizations like the RIAA & MPAA claim making any copy of their copyrighted material is "stealing". Of course, having a 6yo boy who tends to ruin DVDs, I definitely think it should be allowed. --- End quote --- To my mind, there are a few issues here. With respect to possessing a ROM image -- I do believe that you can possess a copy, if you own the board, subject to the copy-protection-circumvention provisions in the DMCA. Can you then legally use those images to play the game on an emulator ? That, I think is the untested gray area. As far as copying music from CDs, if this was actually illegal, I would have expected folks like the MPAA RIAA to file actions against folks like, say, Apple Computer (since the ripping ability of iTunes would then be illegal). In terms of copying protected DVDs, my understanding is that it is illegal in the USA since you have to circumvent the copy protection in order to make a copy. Last I checked, that does not apply to me here in Canada. I have 2 children with Autism who do not always take good care of their DVDs --the very first thing I do with any newly-purchased DVD is to make a pair of backup copies. |
| MaximRecoil:
--- Quote from: CheffoJeffo on March 11, 2008, 12:21:17 pm ---As far as copying music from CDs, if this was actually illegal, I would have expected folks like the MPAA to file actions against folks like, say, Apple Computer (since the ripping ability of iTunes would then be illegal). --- End quote --- Not necessarily. Not all audio CD's are copyrighted. For example, I could make a CD of myself whistling Dixie and place it in the public domain. Anyone could rip/copy/do whatever they wanted with it, legally. There is actually quite a bit of independent, non-copyrighted music floating around out there; particularly from people who use the internet file sharing as a free distribution/publicity/get noticed channel. YouTube has a ton of non-copyrighted video and audio as well. With that said, I do believe it is legal in the U.S. to make a copy of any audio CD you own, for personal use ("fair use"), due to the fact that there are no copy-protection mechanisms in place on an audio CD that you would have to circumvent in order to make a copy. |
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