| outlawauron said: If it was never licensed, then how would it have been illegal to download the ROM previously? |
Very easily. The question isn't whether a license is available for someone else's product, it's whether you have a license to use that person's product.
Think of it this way: you compose and record a great song, but for whatever stupid reason you decide to never let it go public. Nonetheless, someone burns the recording and releases it for free to the public. Do you have the right to complain that others are using your work without your permission? If you've taken the proper steps to secure your rights, the anwer's usually "yes."
| outlawauron said: Well, they can't sue you for playing a ROM. I'd love to see a case where it happened though. |
If you lack a license to use the ROM, sure they can. They won't bother, but that doesn't mean they can't. I don't believe there's any such case regarding videogame ROMs, but there are plenty of well-publicized cases of the RIAA or other regulating body suing folks who pirated music/movies/porn etc. Games are no different, legally speaking.
| outlawauron said: Buying games legally and downloading a SNES ROM are not mutually exclusive things. |
I would argue this is true. But then, my profession leaves me very biased in such matters. I do not believe it's a completely settled question, though.
| outlawauron said: Especially so when you're dealing with games or media that isn't licensed or distributed in your region. |
This is significantly less true. In fact, it's easier to say it's probably just flat-out wrong.
