Ask Slashdot: Where Can I Buy Legal Game ROMs?
PktLoss writes "I'm interested in building an arcade machine, following the footsteps of Cmdr Taco among many others. Not being all that interested in piracy, I need to find somewhere to buy games. StarROMs used to be the kind of thing I was looking for, though with an incredibly short catalog. The MAME people have a few available for free (non-commercial), but this isn't going to sate my needs. There's an entire cottage industry supporting this goal. People are ready to sell me plans, kits, buttons, joy sticks, glass marquees, and entire machines. That's fantastic, but where can I get the games? I refuse to believe that this entire industry is built on piracy."
EOM
http://lkml.org/lkml/2005/8/20/95
Keep in mind that every unofficial copy of a protected work isn't necessarily copyright violation. Look up fair use, and consult a lawyer for its application to a given field. You can also ask that the library of Congress put a DMCA exemption on a particular use, IIRC, although that would be more for the field than for your personal use.
http://transformativeworks.org/projects/vidding-press-release-DMCA-EXEMPTION
-- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
If you are using the backup for something other than as a backup, then it's not a backup.
Depending on which country you are in, however, you might be permitted to format shift. The UK that's not legal, even though everyone (and probably their grandmother) is format shifting their CDs into MP3s these days. The UK government have started looking at this ridiculous position with a view to changing the law. Lets hope they have an attack of sense, and decide that because 90% of the population are doing it, that democracy should prevail and legalise it. Especially considering I've never heard anyone being prosecuted for ripping their CDs, ever.
If you legitimately own a copy on some medium, medium-shifting to another one is legal, just like you can rip your own music CDs to mp3s.
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
This raises an interesting legal question. If I have a copy of a missing TV show episode, what claim would the copyright owner have if they don't have a copy? If I distribute it I'm violating the copyright. But I'm not taking anything from the owner because they can't do the same. The whole point of copyright is to preserve the right to distribute for the owners. In particular, it's NOT to prevent old episodes from being watched so that people will watch new episodes. Copyright is only for protecting that work, not other works using the same trademarks or characters.
i don't see a problem with buying the game on a cart at your local store ( be it new or used ) then copying the data off to use in your emulator.
This would appear to be legal under 17 USC 117(a)(1). But good luck finding the copier tools to extract the data from the cartridges. A Nintendo DS or DS Lite with a flash card can dump Game Boy Advance cartridges, but that's about it. For Sega Genesis and Super NES, there was the Retrode, but that's sold out. For NES, there's the Kazzo, but that's hand-assembled in extremely low volumes and apparently not intended for sale to the casual gamer.
The idea of abandonment comes up because some of us rightly point out that this concept exists for real property. So when we see people try to conflate creative works with real property, we bring this idea into the discussion. Media moguls want all of the upside of property as a natural right but none of the possible downsides of it of course.
So things like taxes and squatting are left for the rest of us to consider.
A Pirate and a Puritan look the same on a balance sheet.