Tryklon said:
Here is you citation: "Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game? There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet. How Does Nintendo Feel About the Emergence of Video Game Emulators? The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs. What Does Nintendo Think of the Argument that Emulators are Actually Good for Nintendo Because it Promotes the Nintendo Brand to PC Users and Leads to More Sales? Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo's goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose. How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators? Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate."
Source: https://www.nintendo.com/corp/legal.jsp#roms
And this thread should be deleted. |
Emulation, even for commercial use, is not illegal in the US and Nintendo knows this. They can dissapprove as loudly as they like, that does not mean they are in the right.
While I do think emulating games within weeks and months of release possibly can have adverse effects on sales and open the door to piracy, especially if the emulator makes it possible to just dump a downloaded rom, it also has positive effects for preservation and accessibility. Without the use of emulators and language patches Earthbound for example, would never have reached the popularity it has. It, let alone earthbound beginnings would probably never have come to VC in the west either.
Giving people easy access to games more often than not makes them want to support and officially own the games they got to know and love, ultimately leading to game and merch sales that would never have happened otherwise. Yes, there will always be assholes that exploit the system, but to act like emulation only has adverse effects is simply incorrect. (And Nintendo makes a lot of assuptions and leaps in logic in the section of the FAQ that refers to this to perpetuate the narration of emulation as the enemy.)
It's certainly a double edged sword and I'm especially conflicted about getting a game like Zelda up and running so close to it's release as I feel that that definitively falls more on piracy end of the sliding scale of preservation and accessibility to piracy.
