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Geek Culture / Question: Is it illeagel to download N64 games and emulator?

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The Master Dinasty
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Posted: 21st Nov 2010 17:19
So I am watching my little brother and I am extremly bored, and I was out google'ing for Goldeneye which I loved to play on the N64 then suddenly I came across a site with N64 emulators, so my question is it illeagel to download theese rom's?

I guess the emulator itself isent illeagel.
I loved N64 it was the reason Ive tried to make my own games

-Massap2


We are the magnificent Masters, builders of pyramids.
Fatal Berserker
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Posted: 21st Nov 2010 17:21
its probably illegal, but is anyone going to care?
you cant exactly buy them anyway

Smoke me a kipper, ill be back for breakfast.

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The Master Dinasty
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Posted: 21st Nov 2010 17:32
Quote: "you cant exactly buy them anyway"


Yes that is true.

-Massap2


We are the magnificent Masters, builders of pyramids.
nackidno
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Posted: 21st Nov 2010 17:40
I believe that any kind of emulation of old consoles is illegal, or?

As Fatal Berserker said, it's very hard to find the games, the place to look for old games are auctions I believe. Or private adverts.

On the other hand, I remember an issue of the Swedish PC Gamer (or PLAY, can't remember) where they listed the best places to find emulators and ROMS/ISOs for NES,SNES,N64 and even PSX so I'm not completely sure.

Indicium
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Posted: 21st Nov 2010 17:54
Like Fatal Berserker said, nobody really cares, it's not as though you're gunna be hunted down for downloading an emulator :p

Happy Cheesecake
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Posted: 21st Nov 2010 18:02
Erm, technically I think it is illegal (you're basically downloading ripped files to my understanding), but nobody really enforces the law on downloading old ROMs. Thousands of people do it, despite it being illegal, and I've never heard of anybody getting caught, much less punished for it. Don't get me wrong, there's gotta be some risk involved in it, such as downloading a virus, or even getting caught (highly unlikely).

The way I see it, as long as you're morally fine with it, nobody can stop you, so...

Blobby 101
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Posted: 21st Nov 2010 18:23
I heard somewhere that it's legal to play the ROM's if you own a physical copy of the game (like the original cart) but I have no idea if this is true or not, so don't quote me on it

SpyDaniel
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Posted: 21st Nov 2010 18:36 Edited at: 21st Nov 2010 18:38
http://www.nintendo.com/corp/legal.jsp

It is 100% illegal to do what you are asking. Isn't Google great?

Quote: "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."


DJ Almix
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Posted: 21st Nov 2010 20:16 Edited at: 21st Nov 2010 20:17
It's "technically" illegal, but no one cares.

Like J-walking.


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Fatal Berserker
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Posted: 21st Nov 2010 20:28
I doubt an emulator can be illegal anyway.
It would only be illegal if u downloaded a ROM.

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Jeku
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Posted: 21st Nov 2010 20:31
Yes it's illegal, and in fact Nintendo is selling a LOT of those N64 games nowadays on the Wii virtual console. Therefore, the argument that you can't get a lot of the games is false. Sure, you can't get ALL the games you want on virtual console, but that's completely up to the rights holders, not you.


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IanM
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Posted: 21st Nov 2010 22:16
Emulation is perfectly legal. Downloading copies of ROMs you own is cloudy, and definitely depends on which country you are in.

Some countries allow backup copies. Some allow backup copies, but only if you created them yourself. Some don't allow the practice at all.

Finally, if you don't own the ROM, and therefore don't need a backup, then you are definitely on shaky ground. In addition, if the country in question has signed up to the Berne convention, then claiming abandonware is not a defence.

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TheComet
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Posted: 21st Nov 2010 23:14
In Switzerland it is legal.

I should stop posting that comment...


As Fatal Berserker and IanM said, it may be illegal depending on which country you live in, but who cares?

TheComet

Quik
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Posted: 22nd Nov 2010 00:33
Quote: "So I am watching my little brother and I am extremly bored, and I was out google'ing for Goldeneye which I loved to play on the N64 then suddenly I came across a site with N64 emulators, so my question is it illeagel to download theese rom's?

I guess the emulator itself isent illeagel.
I loved N64 it was the reason Ive tried to make my own games

-Massap2"


Yes, it is illegal, until 50 years or whatever it is after nintendo dies


[Q]uik, Quiker than most
SpyDaniel
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Posted: 22nd Nov 2010 00:39
To be honest, aren't ROM's basically PIRACY and therefore shouldn't this thread be shunned like any other that pops up about piracy? The question was answered and Nintendo even have a legal page which I linked to covering all areas on this.

You say who cares? Maybe you will when you get a letter through the door about a court case for downloading these ROM's !

Quik
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Posted: 22nd Nov 2010 00:41
Quote: "You say who cares? Maybe you will when you get a letter through the door about a court case for downloading these ROM's !"


the problem here is, you are usually not seeding them while downloading them, so it isnt exactly the same as downloading a game off the pirate bay..


[Q]uik, Quiker than most
SpyDaniel
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Posted: 22nd Nov 2010 01:12
More like pillaging then? Taking but not giving.

Master Man Of Justice
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Posted: 22nd Nov 2010 02:24
More like pillaging a town that was abandoned 10 years ago,,, that has already been pillaged.

Happy Cheesecake
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Posted: 22nd Nov 2010 02:28
Everyone in this topic agrees that downloading ROMs is illegal. The only reason most people aren't taking it as serious as pirating (like on the other recent topics), is probably because these ROMs have already had their hay-day. The companies have already milked their fair share of bucks off of these games and probably won't earn anymore money off of them, anyways, because they mostly don't sell them in stores anymore. Knowing this, everyone here is a little less lenient on the law stating "no downloading N64 games" instead of "no downloading Fallout: New Vegas". Downloading the N64 games does not hurt sales, while downloading new, on-sale games, does.

Keep in mind that I can confirm that this is illegal, and I don't think you should download ROMs, but no one is really going to stop you if you do.

Slow Programmer
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Posted: 22nd Nov 2010 04:14
Legal Version???

http://www.moddb.com/mods/goldeneye-source

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Quik
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Posted: 22nd Nov 2010 07:00
is it just me who finds it odd and weird, that u cannot download a game illegally, until 50 years after the companies death?


[Q]uik, Quiker than most
Jeku
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Posted: 22nd Nov 2010 09:36
Quote: "The companies have already milked their fair share of bucks off of these games and probably won't earn anymore money off of them"


Excuse me? Who are you to say what is someone else's fair share to their own work? That kind of attitude really annoys me.

Like I said before: Nintendo still sells the N64 games on the Wii virtual console. Therefore, they're still being sold. This is not the Vectrex we're talking about, where you can't actually buy the software or the business is no longer running. This is Nintendo, who we all know constantly re-releases their old games time and time again. It is NOT YOUR RIGHT to pirate just because the company has had their "fair share". Activision just had $650 million in sales for COD: Black Ops. Is it their fair share already? The game's just a week old.

Quote: "but no one is really going to stop you if you do"


Um, no, TGC doesn't condone this in any way. If you download ROMs and get caught, it's your own fault.


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Darth Vader
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Posted: 22nd Nov 2010 10:03
Quote: "Who are you to say what is someone else's fair share to their own work?"

I'm going to frame that! Best saying of the day

Phaelax
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Posted: 22nd Nov 2010 11:46
Emulators are legal as Ian pointed out. But distributing ROMs or downloading them is probably not.

I wouldn't say every Nintendo game is illegal to use ROMs, as wouldn't that depend on the individual companies who made the games more than just Nintendo? Unless there was some contract that said once they sold their game through their system it can't be distributed any other way.

I've got a few ROMs for an Amiga emulator, good luck finding a company still around that cares. And as soon as I find my 2nd floppy drive I'll be able to make my own ROMs from the hundreds of old disks I have. I'd argue that ones I create from original disks is legal for me, I don't plan to host them online. But as for the few I've downloaded, despite them being over 20 years old, may still technically be illegal. I'm not too sure since most of the companies aren't around. Plus, I think the term "abandonware" had a lower year requirement back then than it does today.

It case it wasn't clear, I stand by Jeku's claim.

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The Master Dinasty
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Posted: 22nd Nov 2010 13:39 Edited at: 22nd Nov 2010 13:40
All work in any part of the world is illeagel to share from after 70 years after the authors death (in this case the company's) then you are free to use the material. I think this rule should not apply to games, music and movies. It should be a shorter period of time since lets face it who the heck would like to play black ops in 70 years from now or watch harry potter in 70 years?

This rule is defenitly stupid, I cannot afford to buy a WII just to play a new and improved version of goldeneye. Infact I wouldent enjoy the game at all with the stupid new WII controllers...

EDIT: I am not saying that piracy is okey, but I think 70 years to wait for a movie or a game is stupid when 10 years would suffice.

-Massap2


We are the magnificent Masters, builders of pyramids.
Phaelax
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Posted: 22nd Nov 2010 16:19
Quote: "watch harry potter in 70 years?"

I have a movie from the 20's.

"Only the educated are free" ~Epictetus
"Imagination is more important than knowledge..." ~Einstein
Quik
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Posted: 22nd Nov 2010 17:43
The master dinasty:

Quote: "This rule is defenitly stupid, I cannot afford to buy a WII just to play a new and improved version of goldeneye. Infact I wouldent enjoy the game at all with the stupid new WII controllers..."

what does that has to do with it?


[Q]uik, Quiker than most
Eminent
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Posted: 22nd Nov 2010 17:57
Quote: "I have a movie from the 20's."

Man, you're old. Oldest movie I have is the first Lord of the Rings.


Master Man Of Justice
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Posted: 22nd Nov 2010 18:08
Quote: "Man, you're old."

Dont you have parents or grandparents with old movies???

Eminent
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Posted: 22nd Nov 2010 18:11
Not in Canada.


Fatal Berserker
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Posted: 22nd Nov 2010 18:55


Smoke me a kipper, ill be back for breakfast.

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Slow Programmer
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Posted: 22nd Nov 2010 19:56
Quote: "I've got a few ROMs for an Amiga emulator, good luck finding a company still around that cares. And as soon as I find my 2nd floppy drive I'll be able to make my own ROMs from the hundreds of old disks I have. I'd argue that ones I create from original disks is legal for me, I don't plan to host them online. But as for the few I've downloaded, despite them being over 20 years old, may still technically be illegal. I'm not too sure since most of the companies aren't around. Plus, I think the term "abandonware" had a lower year requirement back then than it does today."


If you visit the Amiga Forever site they have links to many downloads that have been approved by the companies that wrote the software. They try and keep everything legal and they own the rights to most of the Amiga OS Roms. I bought their emulator package and love it.

There are two kinds of computer users. Those that use Macs and those that wish they did.
Jeku
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Posted: 22nd Nov 2010 20:12
Quote: "If you visit the Amiga Forever site they have links to many downloads that have been approved by the companies that wrote the software. They try and keep everything legal and they own the rights to most of the Amiga OS Roms. I bought their emulator package and love it."


Sweet, that sounds awesome


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The Master Dinasty
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Posted: 22nd Nov 2010 20:51 Edited at: 22nd Nov 2010 21:20
Quote: "what does that has to do with it?"


I am saying that I want the Goldeneye experience (which is a N64 GAME) that I dont wont to buy a WII to buy the new and improved version that i wouldnt even enjoy, I want the good old one.
Thats a game which is 20 years old is still being owned by nintendo, it has everything to do with it.

What I am saying that I think 70 years is too long for Movies, Games, music. I think 10-15 would suffice.

EDIT: Beserker that video cracked me up

-Massap2


We are the magnificent Masters, builders of pyramids.
Quik
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Posted: 22nd Nov 2010 22:11 Edited at: 22nd Nov 2010 22:13
alright i just HAVE TO LINK THIS!! it is so cute :3



(lets hope i got the youtube thing right)

finally i got it lol


[Q]uik, Quiker than most
Jeku
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Posted: 23rd Nov 2010 00:32
Quote: "What I am saying that I think 70 years is too long for Movies, Games, music. I think 10-15 would suffice."


I guess that's why the law doesn't care what you think. Oh, I've been watching too much Judge Judy lately


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thenerd
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Posted: 23rd Nov 2010 01:36 Edited at: 23rd Nov 2010 01:36
Quote: "What I am saying that I think 70 years is too long for Movies, Games, music. I think 10-15 would suffice."
Or, you could spend a week earning enough money to buy whatever you wanted legally!

Fatal Berserker
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Posted: 23rd Nov 2010 01:37
Quote: "a week "

not even that for 1 game...

Smoke me a kipper, ill be back for breakfast.

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Eminent
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Posted: 23rd Nov 2010 03:15
Plus if you are under 18, Microsoft and Autodesk and other corporations gives you stuff for free.


Quik
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Posted: 23rd Nov 2010 08:58
but now we are talking games, not modelling packages, eminent


[Q]uik, Quiker than most
The Master Dinasty
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Posted: 23rd Nov 2010 16:05
Quote: "Or, you could spend a week earning enough money to buy whatever you wanted legally!"


It dosent matter if I have enough money, The game is not being sold anymore.


-Massap2


We are the magnificent Masters, builders of pyramids.
Quik
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Posted: 23rd Nov 2010 16:10 Edited at: 23rd Nov 2010 16:57
Quote: "The game is not being sold anymore."


thats what "second hand" sites and whatnot is for! there is ALWAYS going to be SOMEONE who has the game


[Q]uik, Quiker than most
Eminent
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Posted: 23rd Nov 2010 18:24
But its the same thing. But I think I posted in the wrong thread.


Jeku
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Posted: 23rd Nov 2010 19:18
Quote: "It dosent matter if I have enough money, The game is not being sold anymore.


-Massap2"


That's probably where the gray area comes into play, but it's still technically illegal in most areas as far as I know. Ignorance of the law isn't a proper defense.


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The Master Dinasty
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Posted: 23rd Nov 2010 19:46
Quote: "That's probably where the gray area comes into play, but it's still technically illegal in most areas as far as I know."


Yup, I am all for that the makers of the game should have their share of the money, but when they dont exist/ or dosent sell their game anymore thats when I think the laws get stupid.

Why cant we enjoy the game's when we cant pay for them?

-Massap2


We are the magnificent Masters, builders of pyramids.
Master Man Of Justice
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Posted: 23rd Nov 2010 19:48
well, i sort of agree that if you absolutely cant find it, then you should be able to play it. but there is definitely someone out there selling, or keeping it as a collectible. And ROMS Diminish the value of original copies, other then the sake of saying you have the hard copy.

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