The legality of roms

Discussion in 'iOS Jailbreak & Cydia' started by smellslikec.ison, Dec 25, 2007.

  1. smellslikec.ison

    smellslikec.ison New Member

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    Fair enough that there is a lot of doubt amonsgt this community whereas to the legality of he PS & GBA-roms. ..and also, fair enough, if there exist some concerns whether what people are doing is ilegal (read as: not just modding ur respective iPod, thus, ur property but ALSO allowing that others do the same). I stand in the position that it's ok to do whatever u wanna do with what is urs.

    but the question of releasing video game roms still remains...

    i just wanna know if people of this forum are aware that whilst supplying sources for download of roms they might be (depending on where they are doing it: some countries do not have a IP law/code) is ilegal.

    ...and this would ALSO include for NES roms... AKA NOT allowing PS & GBA roms BUT allowing NES roms won't save yah from the government trying to place u in jail. =(

    meh...i would also like to say that if u read until this point, u are more bored than me...hehe =)
  2. Bernstein229

    Bernstein229 New Member

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    I agree with you. I think that if you do not sell the roms it should be legal.
  3. Wesche

    Wesche New Member

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    Sooo many people do it...... it is illigal..... I even do it...What would happen if sony came to the forum and saw the psx....... could we all get sued ¿?
  4. toomuchcaffeine

    toomuchcaffeine New Member

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    I disagree. Although you aren't making a profit from someone else's work, you are taking away money from the creator by distributing ROMs.

    @Wesche: We wouldn't all get sued. Only the people who are uploading the ROMs, not the downloaders. Kill the source, kill the problem. They would probably send us cease and desist letters before suing first. They don't have too, and they probably wouldn't depending on how many people have downloaded the ROM.
  5. smellslikec.ison

    smellslikec.ison New Member

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    i know for a fact that such as long as the game (aka the "rom" u are about to distribute) is in a "public domain" than that won't be a problem for releasing it. The thing is... odds are you can count ALL of the "public domain" games OF THE ENTIRE WORLD in one hand, since they need to wait a 70 years period to become "public" ...and thus, not even the first atari games would fit into this category.

    Another alternative would be to push forward with the entire "creative commons" license idea....but last time i checked, the game industry, like the music industry and the MPAA (motion pictures association of america - association responsible for big shots like Paramount and Warner Bros.) went off on a witch hunt for users like us...and they still are!!

    I don't think we might me the target of big companies...and i don't think El Jobso minds us even existing and modding...cuz if he did, i reckon we would've noticed a loooooong time ago.

    "bad news travels fast".

    . . .

    *still silent over here*
  6. toomuchcaffeine

    toomuchcaffeine New Member

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    Eh, what are you talking about? Of course Jobs minds us modding. Why else does every single firmware update break 3rd party apps? Lol. He's not hostile towards modders, but he can't just let it go un-answered. I can't blame him, though, he's just running a business.
  7. smellslikec.ison

    smellslikec.ison New Member

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    What i meant was that we are not a big fish to him. Obviously he has his interests and there is nothing wrong with that...what i believe should be the focus here is if we become to much of a problem. If we do, this community will be notified by not-so-nice means...and that is something to be afraid, at least that is how i feel.

    I still think that Mr. Jobs, king of the Ipods, does not mind of us that much into nagging his biz. afterall we are X/XXXXXX (a tiny fraction) of those who actually know how (...or at least try to) mess about his products and (almost without a doubt / almost in every case) without comercial objectives.

    I see that there are also all sorts of arguments to sorta defend the fact that Mr. Jobs is in favor of modding, such as, looking into his past and the history of Mac. but these could be seen all as fallacies...so i rather not.

    I'm more worried about whether u support distributing roms (even knowing that this is ilegal / legal , depending wherever u are from) than what is El Jobso's feelings on this community. =)
  8. AnotherFan

    AnotherFan New Member

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    I agree with this.

    Major corporations are too busy with their own affairs to worry about every single downloader. I would too. Who cares if a bunch of people download illegal copies of our games? But when these numbers increase, they become more hesitant and try to stop the source.

    They did this with Music Sharing and Napster. Only when huge amounts of people started downloading they cut it off. Unfortunately, even killing the source is impossible today. No matter who you cut off, there will be another person who will come in and take their place. There are way too many ROM/music/movie/*******/etc. sites to count. Plus, there are many ******* clients to shut down as well.

    Why would companies want to waste their time shutting these things down? The fact is, games are better on their own game console, CDs have better quality music, DVDs have better quality movies, and so on. People will pay for the better quality. It's shown in a few countries that downloading doesn't affect CD sales anyway.

    These ROMs on the iPod Touch are just little tricks. No ROM will ever replace the original game.
  9. toomuchcaffeine

    toomuchcaffeine New Member

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    Very true about the last paragraph. Also, you said there are man ******* clients to shut down. Clients wouldn't (and can't) get shut down because they are not supplying any copyrighted materials.... just downloading it from the host sites. Most clients are made for the purpose of legal downloading anyway.
  10. Mindfield

    Mindfield New Member

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    Technically: The life of the creator plus 70 years. This counts corporate entities as a creator (so long as they are the owners of the copyright), and thus as long as the company exists, even if it's just on paper, now owned by someone else. And the copyright can be renewed. To follow your example, Atari still exists (currently owned by the company formerly known as Infogrames) so that 70 years hasn't even started yet, and won't until Atari ceases to exist (and its copyrights with it) in any legal form. And that probably isn't going to happen.

    Basically: If it is copyrighted, and the author has not relinquished his copyright or given expressed permission to distribute the work, and it has not fallen into the public domain, even if it is no longer available for sale in any form, then it is, without question, illegal. There really is no "gray area." That's just a convenient term used to vaguely refer to the idea that you probably won't be sued or prosecuted for copyright violations by the copyright holder because there are so many people who have pirated the works and only so many lawyers to go around. Plus, as has been mentioned, most law enforcement agencies have bigger fish to fry than the downloaders; they want the people who distribute it. Hell, the RCMP in Canada have recently stated quite clearly that they have no plans to prosecute people who download music illegally because they need to concentrate their efforts on the distributors of illegal music. (That doesn't mean the CRIA won't try and file suit against individuals like their evil twin, the RIAA, however, so that's not a license to go ahead and leech every ******* and P2P file you can find.)

    So, is it illegal? Almost certainly, yes. Are you likely to get caught? It isn't out of the question, but it's pretty unlikely. I wouldn't go tempting fate by distributing the stuff though.

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