noname2200 said:
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."
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.
This is significantly less true. In fact, it's easier to say it's probably just flat-out wrong. |
1. If I did make that song and someone released on the internet for free, and I made no efforts to copyright the material. I'm shit out of luck. Now, if someone was making money off of it by selling it online, then I agree you have a pretty strong case to shut the other parties down. Even then, there are several laws about free use, etc. that the mere distribution of it wouldn't be effected based on my permission (unless you argued it was done for defamation or other sinister reasons).
2. Every case I've ever read about in regards to piracy has mostly to do with distributors of content. I'd be worried if I owned or managed a site dedicated to the distribution of ROMs, but certainly being a consumer of one.
3. I believe it's true because I do it. I have a copy of Earthbound, but I'm not going to bring my SNES out of the closet to play it. I'll just download a convinent ROM and don't do with the hassle.
4. This can depend on a multitude of factors and semantics. Certain countries deal with these laws in different ways. I have first-hand knowledge that in some Asian countries that have no license or rights for the US, no effort they can make would be upheld or enforced in US courts.
I'll say, I'm no lawyer, but I've taken a few law classes and try to read up on cases and events regarding this sort of thing. Also, this is soooo off-topic. 
