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It's not necessarily piracy; there will always be a few old timers who have an entire collection of SNES cartridges which they can back up themselves for emulation purposes, and in the US as well as the EU there are provisions in the law which legitimize the act of backing legally obtained software up, as long only one backup of it exists at any one time. As for the software itself, well, that's just virtualisation technology; the software itself might provide a platform for illegal activity to occur, but the platform in itself is not illegal. Saying it is would be like arguing that computers are illegal because you can download ROMs with them.
Other than that, yes, the most common usage of the software does constitute piracy. Whether or not you think it's moral because revenue isn't being made from it anymore or whatever is irrelevant, because you haven't obtained the game through legal channels.
"Abandonware" isn't recognised as a term by any legal system anywhere in the world. It's just developer jargon. If it's not in the public domain, it's protected by copyright.
I do not believe theres actually a thing called abondonware. Software which has no company support but is still owned by said company does not make it free to anyone. Nintendo is certainly still in business so Mario is a bad example.
I believe the exception here is for companies who do not exist anymore and didn't transfer their copyrights prior to going under but its safer to assume someone somewhere maintains ownership to a game unless you find it is otherwise in writing.
I suppose because software becomes unsupported and the company no longer generates revenue from it, piracy from that is considered a victim-less crime. The people who sell old games are not licensed distributors of them so what they are really selling is the physical hardware on software that has passed its end of life.
It is similar to someone who turns an old book into a pdf file and gives it away online, if the book no longer has an author to generate revenue for, you aren't taking money from bookshops who still have old copies for sale because that bookshop sells books and does not have the right to sue for lost revenue from the pdf, the same as the person selling that NES Super Mario cartridge does not have ownership of the Mario name, he only owns the hardware he's selling.
At best this would be considered larceny, not theft, but that doesn't even exist in most of the world anymore because its an outdated concept.
Who cares about the legality of it, half of you swear that some higher transcendental object makes these laws and deem it illegal. Do you guys realize that laws are made by people with power, yes you guys, humans.
Laws are just some form of a biased opinion forced down our throats that we have to follow otherwise we get crucified in society. It's more of a moral issue. If you want to give big corporations or other people your money, then pay for your game. otherwise don't buy it or find some exploit to get it for free.
Consoles like the PS1, for instance, require a copyrighted BIOS to be emulated. And that is open for heavy abuse.
I only have a kitchen because it came with the house.
So your saying all I have to do is prove I wouldn't buy the game and I get a free pass to download anything I want. If I never would have bought the game in the first place, they aren't loosing revenue?
Wrong as Ben Jeremy said you are not pirating 1- because piracy requires you to steal revenue from a gaming company, now those comapnys don't get revenue from those games a long ago
2- and because of that they are considered abandonware therefor free to distribute and have to anyone that wishes.
Piracy is a legal term, so if I'm asked a question about the legality of something I'm going to answer appropriately. Nobody here has posted anything with a "holier than thou" attitude, so that's not a valid point to make either. Piracy is illegal, or it wouldn't be piracy. It's not rocket science.
Originally Posted by Mathematician
Emulation and abandonware are two different things.
Originally Posted by Pockets69
Emulation is not illegal in itself, but if you download a game (regardless of whether or not you already own that game on another platform) you are stealing. I can buy a game for the SNES, but that doesn't mean I have the right to steal the same game for the GBA for the same reasons you can't talk into Walmart and just claim their entire rack of that same game for yourself. You don't own the game, you own a license to play that game the way the developers intended. You can't install Office 2007 on five computers, because you don't own the software, you only own a license to use it on one computer. Same goes with games. You may own an SNES game, but it's licensed for use on that one cartridge only, not as a rom loading through an emulator.
And you missed my perfectly clear point because?
Originally Posted by IllyriaIsBlue
Legallity of things are opinion. Don't believe me, go to a different country. OMG laws change?!?!?! Laws are just the government's opinion on how to keep them in power.
Just to say two things; firstly, piracy isn't theft, it's copyright infringement. A more accurate analogy would be to walk into ASDA and use a ray-gun to duplicate an entire rack of games, which you walk away with. Not gonna happen anytime soon, and I forgot why I wrote that crappy analogy but my point is that piracy =/= theft.
Originally Posted by knigitz
Secondly, backing software up is perfectly legal under European and American law, as long as it's only a single backup copy we're talking about, so legally emulating a game you own a copy of isn't outside the realms of possibility.
Alright all the examples I'm about to use are just ones I can think of right away but I'm sure apply to other games as well
Originally Posted by srl
First example 007 golden eye n64 remade on the wii If I had downloaded it for a n64 emulator why would I buy it for a wii?
Second example black isle creators of fallout dead company... Fallout = bought by Bethesda later.
There are not that many NES companies I can think of that are not around today but Im sure if Nintendo wanted to remake a game of a dead company they would have to give some one money
Theres always a victim in most cases of roms one way or another to some extent
Also is there any website where I can go to legally download pdf's of books ???? I would like to know
also on the note of emulation did N64 really give out the coded needed to emulatate there software as open source or was it stolen in some way ??