Iconoclast
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- #21
Your link only justifies the backup/archival copy exception, repeating that you are allowed to make a backup of your software for backup purposes only, not that game-copying devices that can read Nintendo's game cartridges, with a bad potential in bad hands, are legal. The above-linked law may be saying that backing up your software is legal, but does it say that Nintendo can't make game-copying devices to read Nintendo game cartridges illegal for the purpose of restricting copying for Nintendo's games, which, logically, Nintendo should have the right to do?
And no, I don't work for Nintendo. I am not upset at all about emulation. I do it myself, remorselessly (mostly). In fact, what I just said in that previous post is what I was only wondering if it was true, because it seemed to be the idea that Nintendo was trying to give. I didn't want to actually say it was true, but since I gave up trying to understand if it was, I pretended to be Nintendo to see you guys' response so hopefully then it might clear things up and that's why my post seemed like that. However, my argument is not done, but again, I'm only trying to get my 'questions' answered.:shifty:
Yes, but weapons and software-copying devices are entirely different things, and considered much differently. And, you misunderstood me, just because people are using Project64 illegally doesn't mean that Project64 is illegal, but if Project64 was DESIGNED for the purpose of emulating ROMs, whether it's legal or not depends on two things:
If the game-copying devices are illegal, as claimed by Nintendo and probably but unprovably true, emulators are illegal because there is no remaining way left to copy the ROM to your PC. You pointed out downloading public domain ROMs as an alternate legal way to get them onto your hard drive. However, that is also illegal, if you read the below quote from Nintendo.com:
A fix of my previous conclusion: To say that emulation of Nintendo's consoles is legal is to say that Nintendo is lying about the legalty of game-copying devices. Until you figure out a way to prove (or find sufficient evidence for) that one, there is nothing more to discuss.
And no, I don't work for Nintendo. I am not upset at all about emulation. I do it myself, remorselessly (mostly). In fact, what I just said in that previous post is what I was only wondering if it was true, because it seemed to be the idea that Nintendo was trying to give. I didn't want to actually say it was true, but since I gave up trying to understand if it was, I pretended to be Nintendo to see you guys' response so hopefully then it might clear things up and that's why my post seemed like that. However, my argument is not done, but again, I'm only trying to get my 'questions' answered.:shifty:
Now, now, I didn't say backup software was illegal. I believe the backup/archival copy exception.To summarise:
Emulators are NOT illegal. Emulators allow to run content that was designed for another system on another architecture, like the PC's x86 architecture. You're getting this all wrong. Just because you most likely play games illegally on it does NOT mean the tool itself is illegal. That's like saying buying a weapon is illegal. You can use your weapon legally, but you can also use it illegally. Are weapons illegal, then?
Backup software is NOT illegal. Again, due to US copyright law, you are entitled a backup of your own software. That includes games. Even if you weren't, the tool itself is still legal. In US, backing up a copy of your game is legal. Distributing this copy, however, is illegal. Downloading a copy is illegal. This is contradictory to what companies say. On a movie you've bought, you're likely to find a label that says that any copy of that movie, including for private purposes, is illegal. But it is not. You may do a backup copy.
Emulators are not just used to play games, you know? They can be used in a number of other ways. Look up the definition of emulation. As for Pj64, you CAN play games legally on it. The way is to acquire legal copies of your games to play. How do you do that? Back 'em up, or download Public Domain roms, which are free and are not illegal to download.
Now don't come saying that Pj64 is illegal.
Devices are not illegal. It is the wrong use that is illegal.
Claiming a backup device to be illegal because with it users MIGHT copy games illegally is to say that your PSP/PC/Whatever is illegal because you can crack it to run illegal software.
Yes, but weapons and software-copying devices are entirely different things, and considered much differently. And, you misunderstood me, just because people are using Project64 illegally doesn't mean that Project64 is illegal, but if Project64 was DESIGNED for the purpose of emulating ROMs, whether it's legal or not depends on two things:
- Is there a legal way to obtain the ROMs/ISOs? If not, then the emulator has no legal purpose, and can be deemed illegal. If so, then it is probably legal via using a game-copier device. (Which Nintendo says is illegal, so no point in debating on it. Either they're illegal, or they're lying and it's not in Nintendo's power to make them illegal. I don't know the details.)
- The emulator was designed for a legal purpose. If the ROMs cannot be legally obtained, then there is no way to get them onto your hard drive. If there is no way to get them onto your hard drive, then the emulators have no legal purpose and can be easily considered 'illegal' for the copying they encourage. Must I use the Law of Syllogism?
If the game-copying devices are illegal, as claimed by Nintendo and probably but unprovably true, emulators are illegal because there is no remaining way left to copy the ROM to your PC. You pointed out downloading public domain ROMs as an alternate legal way to get them onto your hard drive. However, that is also illegal, if you read the below quote from Nintendo.com:
So that only leaves the option of backing them up using the game-copying devices, which Nintendo says are illegal and ARE illegal until someone here starts proving otherwise. And then, as I've said before, that goes up to the emulators and if they're legal.Nintendo.com said: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.
A fix of my previous conclusion: To say that emulation of Nintendo's consoles is legal is to say that Nintendo is lying about the legalty of game-copying devices. Until you figure out a way to prove (or find sufficient evidence for) that one, there is nothing more to discuss.
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