Copyright Licensing Q's- Compilations & Rereleases

[Joe Stella]

Does anyone know if ownership of one of the re-release or compilation software versions containing ROMs that run under emulation, or hardware simulators with built-in game compilations, i.e. Flashback 2 convey legal license to extract and use those ROMs on other platforms?

 

Is this an easy, inexpensive alternative to purchasing bulky original equipment in order to legally use software emulators?

 

Intuitively, I'd guess that unless it's stated otherwise in the licensing agreement for a specific product, the case for reuse of ROMs on any platform that supports them could be made. I don't think I've seen it discussed before.

[Famicoman]

As long as theOrigional company that had those games is making the new software. (unless rights were sold)

 

If Atari released a disc of 20 VCS games for the PS2, thats fine because they own the rights to the games.

 

If a company made a console that played 100 old Atari games, thta would be illegal.

 

This answer your question?

[Joe Stella]

Hi-

 

Thanks for the response. I think I ws being too vague. My question is actually from the end-user perspective.

 

To illustrate: If I have a Flashback 2 unit, could I then legally play any of the FB2 games on a real Atari 2600 or using an emulator on a PC (or XBOX, or ???).

 

If I owned a Williams Arcade software compilations for PS2, could I then legally play Gauntlet on MAME?

 

etc..

 

Thanks!

[Famicoman]

This should probobly be in the emulation forum...

 

Well, any version of a computer emulator is illegal, but its not really monitored. Having roms of the game is legal, but I read that using them is not. I guess that since you have them, its okay to have an emulated version. I only hear about emulators with the origional games, but I think it would be okay with a compilation.

[LocalH]

No, that's not correct at all.

 

Emulators are generally 100% legal, unless they include copyrighted ROMs without permission. Nintendo's lies notwithstanding, if you own a game, then you are fully entitled to play that game on any piece of hardware you own, whether original or emulated. Technically, to be legal, you have to dump your ROMs yourself, but as it's virtually impossible to determine whether or not a particular copy of a ROM image was legally acquired or not, you can most likely download ROM images to games that you own in cart form, and not get in trouble (although to be within the letter of the law, you must dump your own carts). Also, since you only lawfully own one copy of the game, then you can't use the original and the ROM image at the same time, if you want to stay 100% legal.

 

Technically, it is 100% illegal to have ROM images for carts you don't own. And, based on copyright law, it is 100% legal to have ROM images for carts you do own.

 

Of course, none of this matters if you have permission to have the ROM image in question (such as is the case with freely distributable ROMs). But even without explicit permission, if you buy a legal copy of the game (and I also include emulated compilations in this, since you're still buying the original program code), then you have the right to pretty much do whatever you want with it in the privacy of your own home.

[Joe Stella]

But even without explicit permission, if you buy a legal copy of the game (and I also include emulated compilations in this, since you're still buying the original program code), then you have the right to pretty much do whatever you want with it in the privacy of your own home.

905871[/snapback]

 

That speaks to the heart of my question. Is the code bound to a specific product. It isn't too difficult to imagine that the licensing agreement for compilations, re-releases, and hardware sims like FB2 could include wording to tie the code to that product alone. A related example - Microsoft OEM product licensing (at least the current version), forbids you to remove the software from one machine, and install it on another. It's an ownership vs. licensing issue.

 

Do we have any copyright attorneys in the house Is Curt reading this? How did they do it with FB2?

 

Technically, to be legal, you have to dump your ROMs yourself, but as it's virtually impossible to determine whether or not a particular copy of a ROM image was legally acquired or not, you can most likely download ROM images to games that you own in cart form, and not get in trouble (although to be within the letter of the law, you must dump your own carts). Also, since you only lawfully own one copy of the game, then you can't use the original and the ROM image at the same time, if you want to stay 100% legal.

905871[/snapback]

 

I hadn't heard that you have to dump your own code before. You state "letter of the law"; which law(s) are you referencing? (I'm in the U.S.)

[ijor]

I'm not a lawyer, so I might be wrong. But I researched those issues more than once.

 

Most of these issues are gray and controversial. Copyright and related laws vary across time (they changed a lot in the last years) and across countries. In some cases issues are so controversial that the final outcome in trial might depend on the specific judge.

 

I don’t think that emulators are fully legal in all cases (even when they don’t include copyrighted software). There are issues of cloning algorithms, violating patents, etc.

 

Yes, license agreements might bind copyrighted material to a specific usage. And I don’t think this have to be explicit. I remember there was a lot of talk about the legality of using MAC ROMs in Magic Sac and other similar MAC emulators for the ST. (And I’m not talking about illegal copies of the ROM).

 

Unauthorized distribution of copyrighted material is illegal. So you can’t download (or upload) a ROM image. That’s why you must do the dump from your legal copy.

 

Making or having ROM images for software you own used to be legal. But it’s not anymore now in most countries (such as the US and many european ones). But in the US there is a temporary exception for vintage software (more precisely, for software for vintage hardware).