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Is ROM Collecting Wrong, or Just Misunderstood?

An anonymous reader writes "Game Bunker has posted an interesting article on whether you should own roms or not. With the latest piracy concerns, I think it's a good topic to bring up." The various writers at Game Bunker do a good job of showing the different sides of this issue, with some siding with industry while others, like most of us, merely want to play old games without having to dig up an ancient console.

13 of 171 comments (clear)

  1. Doesn't change the law by Sancho · · Score: 5, Interesting

    A few opinions on the subject doesn't change the law. Copyright violations are illegal. Morality is a different issue.

    Many people mistake copyright as being about money--it's not. It's about control. If a company doesn't want people playing their games anymore...well they can't stop those who have already purchased legitimate copies of those games, but they can stop future people from buying the games by stopping production. That doesn't give the public the right to pirate the games.

    That said, I don't think anyone has any moral problem with pirating NES roms since, frankly, you can't get the games anymore. But older, classic games being included in newer products (the original Metroid on the Metroid Prime disc, for example) and even Atari games being bundled with a controller that plugs directly into a TV's AV inputs really prove that there is still money to be made with these old games, and it muddies the moral dilemma.

    1. Re:Doesn't change the law by Drgnkght · · Score: 1, Interesting

      But is there really much of a difference between buying a used cart than just downloading the ROM?

      Yes, there is a difference. A used cartridge was part of a series of some number of cartridges. The copyright holder, for better or worse, decided to make that many copies of their work. No matter how many times that used cartridge is resold, the copyright holder authorized the original production of that cartridge. There will always be, at most, the original number of that particular cartridge. Thus there are no unauthorized copies. (Ignoring the possibility of counterfeit copies.)

    2. Re:Doesn't change the law by Mysticalfruit · · Score: 2, Interesting

      Huh?

      I own a copy of "Burger Time" for the Intellivision. My intellivision is no longer functioning, but it's sitting there in the box along with my frogger atari game.

      Now, I could go out and buy a prom reader and backup my copy of Burger Time. This is perfectly legal.

      Now I can setup a mame emulator on my linux box and play Burger Time until my hearts content.

      However, it's illegal for me to go and drop that rom image on my anonymous FTP server because I've gone from backing it up to distributing it.

      Now, maybe I'm totally off base... if so, oh well.

      --
      Yes Francis, the world has gone crazy.
    3. Re:Doesn't change the law by PainKilleR-CE · · Score: 2, Interesting

      You see, it's legal to kill tresspassers, so I just put up "no tresspassing" signs on my lawn (I have a house on a street corner) and when people cut across my lawn (even an inch or two!) I shoot them with my rifle from my attic window! Sure the cops always show up, but I just tell them "They were tresspassing, so technically it was legal for me to kill them." and they just go "ohhh! Yeah, we'll get these bodies out of here for you now." and leave.

      Just a hint, drag the bodies into your house and make sure they can't figure out the people were in your lawn when you shot them. It's also a good idea to shoot them in the face so the cops don't think they were attempting to leave your house when you shot them. You'll still get taken in and have to go to trial, but as long as you can prove they were in your house and you didn't invite them there, you're within your rights to have shot them.

      IT'S PERFECT, JUST LIKE YOUR IDEA THAT BUYING A THING ONCE ENTITLES YOU TO DOWNLOAD COPIES OF IT AGAIN AND AGAIN AND AGAIN FOR EVER!!!!!!!

      Actually, it's perfectly legal for you to do if you still have your original copy. Look up fair use laws sometime, you can make copies for personal use all day, and there's no difference in the eyes of the law whether you made the copy yourself or had someone else make the copy for you. Now, if you can't prove that you own the game, you're screwed, just like you would be if the RIAA found that Britney Spears CD you downloaded last week on your hard drive but you didn't have the actual CD.

      --
      -PainKilleR-[CE]
  2. Why don't they just sell them? by AtariAmarok · · Score: 4, Interesting

    Why don't these ROM companies have a site that lets you download them for 99 cents each; an Apple Music Store sort of thing?

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:Why don't they just sell them? by ichimunki · · Score: 2, Interesting

      Not to mention the need to trace exaclly who owns the rights to what.

      Then who is going to prosecute me for trading those games, eh? :)

      Seriously, this is why the latest proposed copyright law amendments which proposes to expire copyright unless renewed for a small fee and requires the registration of the copyright holder into the public record is so important.

      --
      I do not have a signature
  3. Nintendo's issue by leifm · · Score: 4, Interesting

    I think is that they are recycling much of the NES/SNES era stuff on the GBA. So I suppose they could have a valid argument that if ROMs keep floating around a GBA port won't sell. And lagally they are in the right as well. I don't happen to agree in many cases, but they are right.

    One thing I'd like to see, but I doubt it will happen is Nintendo throwing the entire NES/SNES library on a GameCube disc for like $50-100, and you could play them all, just choose your game from a menu. That alone would make the 'cube worth purchasing.

    --

    "Windows Me offers tremendous reliability and stability improvements..." -- Paul Thurott
  4. Someone's not paying attention by Ondo · · Score: 4, Interesting

    It would be a shame if, 10 years from now, no one has the chance to play great games like Mario Bros 3, The Legend of Zelda, or Metroid.

    Mario Bros. 3 will be re-released as Super Mario Advance 4, the Legend of Zelda is available on Animal Crossing, and Metroid is available on Metroid Prime.

    Are we starting to understand why Nintendo doesn't like ROMs?

  5. Nintendo "branding" by johndoejersey · · Score: 2, Interesting

    Would nintendo prefer me playing a rom of super mario brothers that i didnt pay for, or playing on the X-Box? Personally speaking, id rather be playing the rom, having been a life long fan on nintendo, the opportunity to play some of the games from yester year (and discover some new ones) has just reinforced my preference towards them over ps2/xbox.

  6. sure. by pb · · Score: 3, Interesting

    It all goes back to the nature of copyright, "To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This balances the benefit to the public of having a work in the public domain. I would argue that when a copyright holder is not using their copyright "To promote the Progress of Science and the useful Arts" (i.e., suppressing knowledge instead of making it available) then they are violating that original copyright agreement, and therefore should not get the benefits of its protection.

    Note that this would not be as big a deal if other parts of that language were actually enforced as well, such as the "for limited times" part, or the "exclusive right to their respective inventions and discoveries" (emphasis mine) part. This would imply that a person could reasonably expect a copyright (on, say, the song "Happy Birthday") to expire sometime, perhaps not too long after the death of the original author(s). It would also imply that copyrights can't be transferred or sold. But that isn't the world we live in, sadly.

    --
    pb Reply or e-mail; don't vaguely moderate.
  7. Collecting and playing are two different things. by \\ · · Score: 4, Interesting

    I realize this is semantics to some, but not to others.

    I read comic books; I don't give a shit what they're worth, or what they'll be worth in the future.

    People collect roms to give themselves a buzz, "gotta catch them all" type shit. I play roms, old things that cannot be purchased anywhere but ebay for outrageous prices due to insane cart collectors. I don't emulate n64; that system is still just about new, for God's sake.

    NES games is a different matter, especially famicom games that never made it over. It's fun to play them and see what we missed in the USA, and it's more fun to play a game that is slightly different, like the Japanese Bionic Command, complete with nazi references intact. Master D indeed.

    Lastly, translated Japanese roms are awsome. We may not have gotten most of the original Final Fantasy games here to the USA, but now I can play most of them thanks to fan translations.

    Legal? No. Perhaps the owners of older games could look at their property and decide if perhaps it might not be beneficial to them to release their old games as roms, aka, let them be freely downloaded.. ah, blah blah, ramble.

  8. Re:Collecting and playing are two different things by \\ · · Score: 2, Interesting

    I completely agree - finding out there's a prequel/sequel to a game you played that's only available in Japanese sucks - but you're wrong about Final Fantasy

    Final Fantasy Origins (PSX): FF I + II
    Final Fantasy Chronicles (PSX): FF IV+ Chrono Trigger
    Final Fantasy Anthology (PSX): FF V + VI

    So as you can see, after Sony's E3 FF XI announcement, the only game in the (main) series not published in north america is FF III.

    Was using the NES/SNES roms "right" before the games were published on the PSX? Did it become wrong afterwards? what about FF III? How about if you play that, then it's published in your region? Do you have a moral obligation to buy it then?


    My personal situation is, I like playing the EXACT game as intended. You can argue translating them ruins that, but for an RPG you don't really have much of a choice.

    I also like seeing differences between games that are localized for the USA and not.. different graphics, different story, etc. I guess I already made that point with Bionic Commando, though..

    Getting back to your comment, however, if I enjoy a rom that I've downloaded and don't already own in it's original form, and a rerelease happens for modern hardware, I'll buy the original. Sega's Sonic collection for GameCube might look like shit on my big tv, but it was worth supporting Sega's effort of emulating the games that I enjoyed.

  9. arg by SQLz · · Score: 2, Interesting

    Video games, CDs, movies, etc should come with some kind of like...serial number or offical looking slip of paper saying you have bought a license. I've lost more cds and carts than I have mp3s and roms. Most of the mp3s I have are from CDs I lost. Of course, I could never prove I did by "Iron Maiden - Live after Death" in 6th grade so I could technically be in big trouble for owning the mp3s.