What Are Emulators and Roms and Are They Legal?

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More: Emulators Roms Legal Action Alexa Mame

Emulators and Roms are Free Programs that Simulate Classic Video Games on your Computer

Over the last ten years programmers, hackers, and gamers have been using emulators, such as MAME to allow them to play their favorite old console and arcade games on their home computer. Emulators and roms (the games
 they play) are illegal in most cases. However, there has not been a significant crackdown on them by the video game and console companies in about five years.

The only way that playing an old game on your computer would truly be legal is if you owned a physical copy of the game. Otherwise, you are breaking the copyright laws that apply to the game.

In 2002, some of the video game manufacturers got together with Sony and Nintendo to pressure the courts system in the United States to make it illegal to create, distribute, or own an emulator. The court system would not allow this since it was not interested in the headache that could be caused for the banning of certain types of programs

The court did allow these companies to go after some of the companies and web sites that allowed roms to be downloaded. At the time, many rom sites had to close down because of legal pressure. The court protected many of those that had downloaded roms since it would be a hard case to prove that they knew that they were doing something wrong.

Once the initial strike against roms passed, many new sites popped up online to distribute roms. Sony and the other companies gave up their fight for the time being. There was not any major action directly against roms until last year when some companies brought up a question about old games that no longer had owners.

These games, called Orphans, are games that were created and copyrighted by companies that no longer exist. The companies that were bringing this up were trying to see if they could buy the rights, and go after rom sites. This case has been tabled into oblivion.

Many companies such as Capcom and Atari started coming out with compilation games that covered many of the old games that people were downloading in rom format. While many of these compilations did well, the roms and emulators still exist.

Published by L. Vincent Poupard - Featured Business & Finance Contributor; Featured Arts & Entertainment Contributor
L. is a freelance writer who was a political consultant that advised businesses on political moves, labor relations, and business law practices. His articles have been quoted on CNN, MSNBC, Fox News, The Co...  View profile
  
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@Randy Your point is moot since emulators take time to develop and I don't think any emulator has ever come out for a system that was still in production. There still isn't an XBOX 1 emulator yet for example. The latest emulators that work are for PS1.
I (hypothetically speaking) want... say... a Super smash TV rom, is it illegal in the U.S.? Can I find out what games are legal and what aren't? Lastly, What's the difference between the two!?
Randy has a point.
I personally think that roms shouldn't be given to people at all through these websites unless the game is really, really old, and the system isn't even sold anymore brand new. For instance, Nintendo (the very old system - the original Nintendo) doesn't make any games for that system, and to me it should be okay, but for Nintendo Wii, Xbox, and Playstation 3 systems, if someone were to make games for those systems, I think that should be a crime because they are trying to make money off of them. That's why they have that freeware type of content. The content is so outdated that either the manufacturer is gone, or they just don't make products for that thing anymore.
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