ROMS - Old console game title suitable for playback on PC - legal or pirated

We all know ROM. They are old popular console games that can be downloaded to a PC program called a simulator.

what are they

In terms of games, ROMS is an old console game originally stored in a read-only box distributed by game makers such as Nintendo, Sega, Sony, etc. Before the advent of modern storage media [such as cd, dvds, etc.], Roms can also be found as an image. Outdated format file.

Initially these games were only played on the console they designed: gameboys', Segas' and so on. Of course, if you don't have a special adapter, your normal computer can't read the original ROMS. This is basically the role of the simulator: a specially written program that mimics [embrokes] the functionality of the original console.

This allows nostalgic gamers to play games on older PCs without the help of a console, and sometimes exit the market.

Copyright issue

Since ROMS is only played on the vendor's hardware, when a gamer downloads the content to their computer, whether it violates the supplier's rights will create a copyright issue because the original console is no longer sold or just out. For personal preference?

What is the law saying?

The game provider EULA [End User License Agreement] is a copyright law, 17 USC 106:

"Except as otherwise provided in Sections 107 to 120, the copyright owner under this name has the exclusive right of any of the following authorizations and authorizations..."

2] Produce derivative works based on copyrighted works. "

This is the position of console vendors such as Sony or Nintendo, who completely ban copying and storing "derivative works", including ROM.

Therefore, changing the format from the original cartridge to the PC format violates the supplier's right to prepare derivative works under 17 USC 106.2.

However, this right is not absolute: the bill says "subject to articles 107 to 120...". Suppliers have limited rights to their products. In fact, why Nintendo and Sony must propose a EULA that completely bans the copying and storage of its title to another format rather than the original format.

Obviously, some forms of "derivative work" are not only acceptable under this act, but in some cases are indispensable for the intended use of the procedure in question. We are here to mention a Microsoft Windows installation Cd [basically replicated] that must be installed on your computer.

Go back to ROMS...

This brings us back to the question: How can nostalgic players find a legal way to copy and store old, inoperable games on their computers?

There are many theories:

Backup theory

2. Fair and reasonable use

3. Development purposes

4. Business adaptation, etc.

But these old defenses are almost unreviewed, because most of the ROMs are downloaded from the Internet these days and are not entirely within the scope of defenses 1, 3 and 4.

Keep defensive 2, fair and reasonable use.

In the Supreme Court case, Sony Vs Betamax believes that personal use and no commercial use constitute a legitimate defense for copying copyrighted material. From the judgment, "any individual can" use "copying copyrighted works" reasonably; the copyright owner does not have the exclusive right to use such use. "

This basically means that as long as your ROMS is copied and stored for personal use, this means no commercial intent. Of course, players have a responsibility to prove that their use is strictly personal and limited to public use.

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