Silkroad Online Forums

Well i know that SRF rules are strictly against illegal programs, but i wanted to know why emulators are not allowed. SNES, NES, GBA, GB, and any other old consoles/handhelds should not be considered illegal. My reason is that people who download them wanna play a game that isn't made anymore. Its totally a good reason for using them but yes you should not download and use anything like PSX emu's because it still relatively easy to get a hold of games and those consoles. My question to SRF is can we be allowed to set the limits on what Emulators can be exchanged in conversation on this forum. Technically we are not stealing if the franchise does not produce that product anymore and therefore can not receive money for that franchise either. Surely someone must agree?

Just because the games are not freely available in retail stores anymore doesn't mean it is legal to distribute pirated copies on the internet.

Here's some reading for you.

http://www.nintendo.com/corp/legal.jsp

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What are Nintendo ROMS?

A Nintendo ROM ("Read Only Memory") is the type of chip used in Nintendo's video game cartridge which contains the game software. However, this term is commonly used on many gaming sites on the Internet and refers to game data that was copied from an authentic Nintendo video game cartridge.

What is a Nintendo Video Game Emulator?

A Nintendo emulator is a software program that is designed to allow game play on a platform that it was not created for. A Nintendo emulator allows for Nintendo console based or arcade games to be played on unauthorized hardware. The video games are obtained by downloading illegally copied software, i.e. Nintendo ROMs, from Internet distributors. Nintendo ROMs then work with the Nintendo emulator to enable game play on unauthorized hardware such as a personal computer, a modified console, etc.

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.

People Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.

Isn't it Okay to Download Nintendo ROMs for Games that are No Longer Distributed in the Stores or Commercially Exploited? Aren't They Considered "Public Domain"?

No, the current availability of a game in stores is irrelevant as to its copyright status. Copyrights do not enter the public domain just because they are no longer commercially exploited or widely available. Therefore, the copyrights of games are valid even if the games are not found on store shelves, and using, copying and/or distributing those games is a copyright infringement.

Haven't the Copyrights for Old Games Expired?

U.S. copyright laws state that copyrights owned by corporations are valid for 75 years from the date of first publication. Because video games have been around for less than three decades, the copyrights of all video games will not expire for many decades to come.

Can Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

Yes. Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.

ok, good for Nintendo, multi-million dollar cooperation. Does that mean you still denied the use and/or talk of emulators on this forum?

Well its not about allowing it or denying it. Since we don't want cops after our ass, we can't have illegal discussions on the forum.

There are lots of other places where you can get and share information on these stuff and that's what those forums are for. SRF just can't and won't take part in anything thats not legal. Do I make sense? >_>

sure yaaaaa do! tbh though never heard of cops beating down on someone for playing with emulators, lolz would be funny to watch getting beaten by a cop for something stupid like such.

It'll be funny if they knew what it is =\ unless they go to their 13 year old son and ask him.