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Okay so most are saying emulators are legal. I will look further into it but you gotta be fucking kidding yourself if you think people are downloading these emulators to play just custom made games. I beleive most people are downloading these to play the classics.

"Patents last for about 20 years, depending upon the jurisdiction. Many once-lucrative patents covering base computing technologies such as side-scrolling or use of interchangeable ROM cartridges have lapsed into the public domain. Nonetheless, 20 years is a long time in game development, and some technology or algorithm developed 5 years ago for which patents were granted only last year may remain valid and useable for the next 10 to 15 years. In lean times or for an assignee developer on the acquisition trail, enforceable patents that are infringed present significant opportunities. "

http://wiki.igda.org/IP_Rights_SIG/Overview_of_IP_in_Video_Games

So the patents for video games last 20 years.  Guess what there are plenty of GBA and other more recent emulators on the market.  The GBA is not 20 years old and I am sure plenty of people are playing pirated GBA games with the emulators.  Sure they might allow legal use but they sure as hell encourage illegal use.