Do YOU think Emulation is the same as Piracy ?

Does Emulation = Piracy ?


  • Total voters
    179
No I think you're a retard, to be clear, because you're putting these two vastly and materially different use cases in the same bucket when that's not at all appropriate.

None of us are Nintendo so that particular use case is irrelevant to the discussion.

emulating Nintendo, Sega, Capcom, Konami, or [enter company name here] games on a PC is 100% legal.

Steam literally has Nintendo console emulators in their storefront

the question at hand is if Emulation is illigal.
the objectively correct (legally backed) answer is No.
arguing otherwise shows lack of intelligence or ignorance 🤷
 
"Bleem was initially judged to be legal because the court found that its software, an emulator that allowed PlayStation games to be played on PCs, did not directly infringe on Sony's copyright. The court determined that Bleem's software didn't copy or modify the game code or graphics, and its use was considered fair use of copyrighted material. However, this decision was later reversed on appeal, with the court finding that Bleem's software did create a derivative work, thus violating Sony's copyright.
"

so now we are arguing in bad faith?

Although Sony ultimately did not win any of its lawsuits against them, Bleem! had to shut down when the huge court costs became too much -Wikipedia

expected, but sad to see


edit: I can't find that text you pasted there... is that an AI answer? did you actually ask a fucking AI to give you a fucking summary?
 
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Some posts ITT...

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Yes. I've never been able to lie to myself to make myself feel better. Of course it is. Any discussion of the exact wording of what this is is just semantics.

Stop trying to be noble in your own mind when you are playing games for free that you downloaded off the pirate bay. Just accept what you are instead of trying to appear good and righteous while stealing. @Killer8 is EXACTLY right. Stop pretending you are "good" and just make the best of what we all are. Imperfect creatures.
It's absolutely the same as piracy and it's shocking to see people denying this.

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emulating Nintendo, Sega, Capcom, Konami, or [enter company name here] games on a PC is 100% legal.

Steam literally has Nintendo console emulators in their storefront

the question at hand is if Emulation is illigal.
the objectively correct (legally backed) answer is No.
arguing otherwise shows lack of intelligence or ignorance 🤷


it is absolutely and 100% illegal to load up a Nintendo, Sega, Capcom, or Konami ROM into Retroarch and play it. Even if you dumped the ROM yourself, as the backup provision is for archival purposes only. This is just how it is. it doesn't matter if the game hasn't been sold in a long time either, as "abandonware" is not a legal cooncept and a copyright holder doesn't lose their rights to a game because they haven't sold it this hardware generation (although the game would hit public domain eventually).

Again, I am not saying anyone should be thrown in jail, but it's totally and absolutely illegal.
 
so now we are arguing in bad faith?

Although Sony ultimately did not win any of its lawsuits against them, Bleem! had to shut down when the huge court costs became too much -Wikipedia

expected, but sad to see

Not sure what you mean, the appelate court found against Bleem ultimately, so your basis for legality of this method of emulation fails.
 
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so now we are arguing in bad faith?

Although Sony ultimately did not win any of its lawsuits against them, Bleem! had to shut down when the huge court costs became too much -Wikipedia

expected, but sad to see


edit: I can't find that text you pasted there... is that an AI answer? did you actually ask a fucking AI to give you a fucking summary?

I sure did.
 
it is absolutely and 100% illegal to load up a Nintendo, Sega, Capcom, or Konami ROM into Retroarch and play it. Even if you dumped the ROM yourself, as the backup provision is for archival purposes only. This is just how it is. it doesn't matter if the game hasn't been sold in a long time either, as "abandonware" is not a legal cooncept and a copyright holder doesn't lose their rights to a game because they haven't sold it this hardware generation (although the game would hit public domain eventually).

Again, I am not saying anyone should be thrown in jail, but it's totally and absolutely illegal.

why are people just always so confidently wrong?
making a backup and using that backup is legal on most western countries.

but let's not even go there. you don't even need to make a copy or dump a rom to emulate games.
USB cartridge adapters exist, and diac based games exist.

you don't need to copy a PS1 game to emulate it on a PC. and you don't need a bios file either as there are now Emulators that run with a legally reverse engineered bios

so again, YOU ARE OBJECTIVELY WRONG
 
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Incorrect on both counts in afraid.

BLEEM


Not sure what you mean, the appelate court found against Bleem ultimately, so your basis for legality of this method of emulation fails.

The court found in favor of Bleem and emulation.
It was just that Sony keep on suing, until the Bleem company couldn't not afford to go to court and went bankrupt.
This just shows the lengths that a company like Sony will to, just to cripple any competition.
 
its not abandonware just because company doesnt provide a way to play their game on a modern platform.
i emulate too using pirated ROMs, and legally, we bad boyz.
Technically not abandonware, but for people with common sense it's basically the same thing.

I understand the whole legal, piracy argument, but that only applies if you could not buy Nintendo games elsewhere. Nowadays there are many options to purchase games, both old and new. With someone like me, I never directly pay to a developer or publisher that I don't support, so really they wouldn't see my money anyway. I'm not sure what it is that I'm supposed to feel guilty about.
 
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Not sure what you mean, the appelate court found against Bleem ultimately, so your basis for legality of this method of emulation fails.

Virtual Game Station was also sued by them and won. then Sony bought the company and shut it down as that was the only way to stop it.
 
why are people just always so confidently wrong?
making a backup and using that backup is legal on most western countries.

but let's not even go there. you don't even need to make a copy or dump a rom to emulate games.
USB cartridge adapters exist, and diac based games exist.

you don't need to copy a PS1 game to emulate it on a PC. and you don't need a bios file either as there are now Emulators that run with a legally reverse engineered bios

so again, YOU ARE OBJECTIVELY WRONG
I don't know what country you are in, but according to Google's AI below

"
Making a backup of software for archival purposes only, in the U.S., is generally permissible under copyright law, specifically Section 117 of the Copyright Act. This section allows the "owner of a copy of a computer program" to make a copy for archival purposes. However, this right is subject to the software's licensing agreement, which might have additional restrictions.

Here's a more detailed breakdown:
1. Copyright and Archival Copies:
  • Section 117 of the Copyright Act:
    This section allows the owner of a software copy to make an archival copy.

  • "Owner" vs. "Licensee":
    The distinction between an "owner" and a "licensee" can be important, as courts may not always equate a software possessor with an owner. A license agreement might further clarify the terms of use, including the ability to make archival copies.

  • Purpose:
    The archival copy is intended to be used only if the original copy is damaged, lost, or otherwise fails.

  • Destruction:
    If the original copy is no longer legally possessed (e.g., sold, given away, or destroyed), the archival copy should also be destroyed or transferred with the original. "
See the bullet about purpose. You can't legally use the archive copy while the original is sitting on a shelf. You can't copy a PSX disc to a USB as that violates the DMCA.
 
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If a game is not on sale anymore from the platform holder, the publisher, or the developer, as far as I'm concerned, there's no harm in using copies of said game.

If I legitimately bought a game, I can do whatever the fuck I want with it. If I want to use a copy of it for convenience, It's up to me. No, I don't care about ToS, EULAs or whatever.

And besides: there's still no proven evidence of the impact of piracy on sales, let alone on things that are not even up for sale.

I think piracy is the only true mean of conserving digital media, as long as governments have their heads up corporate's butt.

And by the way, many national laws actually don't forbid piracy, as long as you don't actively promote or distribute said content. In some places it's even ok to download from the internet, for personal use (or school use).

And considered how many times consumers are taxed, from sale tax to internet providers, to copyright protection laws, I don't blame people pirating music, movies or games (and that's where the correlation between piracy and sales falls apart: pirates don't buy, no matter what).

tell me you live in socialist Europe without telling me xD
 
In theory it all depends how you acquired the rom files.

If you downloaded a rom pack of 4000 games then you're obviously a pirate.

If you ripped your own 10 carts then you're not a pirate.

If you only added the 10 rom files for the 10 carts you own, then I certainly wouldn't call you a pirate even if you didn't rip the carts yourself. But I grew up in a time when it was completely normalized to swap cassette tapes on the schoolyard. Don't listen to me.
 
Yes. I've never been able to lie to myself to make myself feel better. Of course it is. Any discussion of the exact wording of what this is is just semantics.

Stop trying to be noble in your own mind when you are playing games for free that you downloaded off the pirate bay. Just accept what you are instead of trying to appear good and righteous while stealing. @Killer8 is EXACTLY right. Stop pretending you are "good" and just make the best of what we all are. Imperfect creatures.
You really think downloading the original Narc arcade rom is stealing?
We would have pretty much lost two or three decades worth of arcade games with that attitude.
I will support companies that sell their old arcade roms in a package - ie Capcom - but I'm not gonna wait for Light and Wonder Inc to find out if they're former iteration of Scientific Games obtained the rights to Narc when they merged with Williams.

But also I have a million ways to emulate Final Fight (which I have done), have owned a couple of ports (GBA for sure), but still bought the Capcom bundle to mainly play that one game.
 
but according to Google's AI below
Please everyone, stop with this shit already. AIs "knowledge" is based on skimming the internet and it could be as wrong as any article in Wikipedia. It's not all knowing and the only thing you prove when using it in online discussion is that you have no clue of what the fuck you are talking about.
 
Er, "so are you an idiot like I am, or not" is the question (many are I guess). Emulation is using software on a different platform than it was made for, if you own the software or pirated it (old or new) is a whole other matter irrespective to using emulation or the original platform it was made for🤦‍♂️
 
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In a way yes but not as bad cause I emulated a bunch of games as I ain't paying for a few old consoles just to play some old ass games. And I owned some of the games I emulated a long long time ago.

While pure pirates just pirate the latest games that just came out almost all the time.
 
Technically not abandonware, but for people with common sense it's basically the same thing.

I understand the whole legal, piracy argument, but that only applies if you could not buy Nintendo games elsewhere.
that doesnt hold up in the courts though.
just because a game isnt sold in your country for example, doesnt mean you can grab a copy online for free.

but for game preservation, for example, i say go crazy and grab all the ROMs.
companies sometimes lose stuff or modify the original versions.
 
that doesnt hold up in the courts though.
just because a game isnt sold in your country for example, doesnt mean you can grab a copy online for free.

but for game preservation, for example, i say go crazy and grab all the ROMs.
companies sometimes lose stuff or modify the original versions.
What courts? Lol. Each country has different laws. Where I live there's no laws regarding online piracy unless you profit from it.
 
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EULAs ARE legally binding and can be enforced in court if you agreed to it. They can be settled out of court too, of course.

I said the EULA is not law. It is an agreement. There is a difference. And if it goes before a court then the court will determine if it is legally binding or not.
 
"Nintendo puts out roms of games they own the copyright to and games they get permission to use, so that means downloading a romset and playing on my pc is not piracy"

Seriously why did NeoGAF go full retard today
Remember this? lol

 
What courts? Lol. Each country has different laws. Where I live there's no laws regarding online piracy unless you profit from it.
you may be right, but which country?

the great majority of countries are signatories on international copyright treaties (enforcement is another matter).
 
Its not piracy if you are using your roms.

If you are selling raspberry pi or similar chocked with 1000s of games. You're a pirate, imo.

If you can buy the game to play it. Always do that.

Ethically, for me. If you 100% know you purchased that game and owned it once you can download that rom and play the game again. I know that doesn't stand up legally but thats how I see it.
 
lol, holy shit


straight from the horse's mouth

so... you know that this backup copy can be USED by you right? the whole purpose of this backup copy is that you use it instead of the main copy.

which is why you have to delete it if you sell the main copy.

either way, it's legal in Germany. and as most EU laws are very similar to eachother, I bet it is also legal in many EU countries.

there was a legal precedent set by someone who made 7 copies for friends and family.

Was gilt als Privatkopie?
Im Urheberrecht wird als Privatkopie eine Vervielfältigung für den eigenen Gebrauch beschrieben. Laut dem Bundesgerichtshof wird die Anzahl der Kopien auf sieben Stück begrenzt, die auch an Verwandte oder enge Freunde weitergegeben werden dürfen. Eine Weitergabe an alle Klassenkameraden oder Kollegen wäre allerdings nicht zulässig.

English:
What counts as a Private Copy?
A Private Copy in Copyright law is described as the multiplication for personal use. According to the Bundesgerichtshof the number of copies is limited to 7, and can be distributed to friends and family. Distributing them to Classmates or work colleagues however would not be allowed.


so, as you can see, it's not only legal, I could literally even give 6 of these copies to my family and immediate friends... you just can't hand them out to just anyone you know fleetingly basically, only to close friends and family.

I can buy an SNES usb cartridge adapter, dump Super Mario World, copy it to 6 different SD cards, hand them to my family members and use a 7th copy on my own PC, and it's all legal.
 
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Voted no. Emulating itself is legal, but we all know the real issue comes from the roms, specifically how you acquire them.

My personal philosophy. (This will not hold up in court when Mario comes for your ass)

Emulation = not piracy
Playing a rom through emulation that I ripped (or at least own) = not piracy
Playing a rom that I can no longer purchase because it is no longer available = guilt free piracy
I feel like this perfectly sums up how I feel over this issue, especially as point three applies to me, and I am not going to pretend it's not piracy, but I also won't lose any sleep over it.

The situation gets a good bit stickier when the emulator is targeting a platform that is still actively on the market like the OG switch. Your second point still holds true IMO, but when you have nearly a million retards downloading TotK a week before release, you can't exactly pickachu surprise face when Nintendo uses that ammo to shut down an emulator (RIP Yuzu).
 
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How would NeoGAF console warriors have survived this? Imagine you could walk into gamestop and buy a disc that let you play God of War on Xbox. These guys winning in court set an amazing precedent.
 
you may be right, but which country?

the great majority of countries are signatories on international copyright treaties (enforcement is another matter).
I like to keep my internet life private.

Enforcement part is the most important. If you're not to be punished then it's just a question of ethics, etc. As far as ethics go I see zero problems accessing something that isn't available anymore. Who are you doing wrong by? Companies who you can't pay money ro anyway? You're just depriving yourself of some amazing experiences. It's sad that some people think they should fight for the cause of depriving others, lol.
 
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Emulation isn't piracy. You can run pirated games on emulators, but then again you can run pirated games on native hardware too.

Burning my own games isn't piracy.
 
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so... you know that this backup copy can be USED by you right? the whole purpose of this backup copy is that you use it instead of the main copy.

which is why you have to delete it if you sell the main copy.

either way, it's legal in Germany. and as most EU laws are very similar to eachother, I bet it is also legal in many EU countries.

there was a legal precedent set by someone who made 7 copies for friends and family.

Was gilt als Privatkopie?
Im Urheberrecht wird als Privatkopie eine Vervielfältigung für den eigenen Gebrauch beschrieben. Laut dem Bundesgerichtshof wird die Anzahl der Kopien auf sieben Stück begrenzt, die auch an Verwandte oder enge Freunde weitergegeben werden dürfen. Eine Weitergabe an alle Klassenkameraden oder Kollegen wäre allerdings nicht zulässig.

English:
What counts as a Private Copy?
A Private Copy in Copyright law is described as the multiplication for personal use. According to the Bundesgerichtshof the number of copies is limited to 7, and can be distributed to friends and family. Distributing them to Classmates or work colleagues however is not allowed.


so, as you can see, it's not only legal, I could literally even give 6 of these copies to my family and immediate friends... you just can't hand them out to just anyone you know fleetingly basically, only to close friends and family
well, I think we arrived at part of the issue here, the rules are different country to country.

I'll also say it again, I don't really give a shit if anyone emulates, or even pirates, I emulate games, like many if not every gamer, I bought my kid bro one of those chinese handhelds with games preinstalled, I'm not a legal eagle about this, but the law is totally clear. Nintendo is well within their rights to act like assholes over this.
 
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How would NeoGAF console warriors have survived this? Imagine you could walk into gamestop and buy a disc that let you play God of War on Xbox. These guys winning in court set an amazing precedent.
Wasn't GAF already a thing back then? I wonder what was the reaction on being able to play an emulated version of Gran Turismo 2 from a current gen console on another current gen console.
 
well, I think we arrived at part of the issue here, the rules are different country to country.

yes, but that still doesn't mean Emulation is illigal, since we have also established that you don't have to make a copy to run games on an emulator.

PS1 and PS2 emulators usually let you load directly from disc. and USB cartridge adapters exist that read straight from the cart.
cartridge based systems don't need a bios, and PS1 emulators that don't need a bios also exist already.

so emulation is absolutely legal.


I'll also say it again, I don't really give a shit if anyone emulates, or even pirates, I emulate games, like many if not every gamer, I bought my kid bro one of those chinese handhelds with games preinstalled, I'm not a legal eagle about this, but the law is totally clear. Nintendo is well within their rights to act like assholes over this.

unless you download illigal copies, they are not no.
 
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I don't think emulation or piracy is 'wrong' if you already bought the game or if the game is no longer being sold by the publisher. Other than that they are equally wrong and all the other excuses are bullshit.

So long as you paid your entry fee or it's no longer possible to pay the entry fee, you can do what you want imo.
 
Emulation isn't piracy. You can run pirated games on emulators, but then again you can run pirated games on native hardware too.

Burning my own games isn't piracy.

The law should really be focused on distribution of copyrighted material either way, imo. Playing my own legitimately purchased games on my own hardware is no ones business but mine. If we are going to get strict in the legal shit then show me a legal definition of "piracy" first. I see piracy as downloading games I don't own. If I'm breaking some law by extracting the bios from my PSP then fine, I guess......but that's not piracy. Folks are using that term far too broadly, imo.
 
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