Law-Forums.org

[crosbey]

I was looking at Nintendo's legal information for roms and it seems like you can only get in trouble for copying and/or distributing it. So what I want to know is if *I could get in trouble just for downloading the games* or *if the website I download it from would just get in trouble?* I do not intend to sell the games nor give them out for free to any friends. Here's an excerpt from the info:



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.

Haven't the Copyrights for Old Games Expired?

U.S. copyright laws state that copyrights owned by corporations are valid for 75 years from the date of first publication. Because video games have been around for less than three decades, the copyrights of all video games will not expire for many decades to come.

Are Game Copying Devices Illegal?

Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.

Can Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

Yes. Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.



If I am wrong can you state why and how. Although I know that the chances of getting caught are slim I still want to be on the absolute safe side.

[adamka]

As long as the games are old enough to not be sold buy the orginal company and you don't charge for it distrubiting yourself I don't see how you could get in trouble

[denys]

You would both get in trouble. The site offering the file would be in trouble for illegal distribution, and you would be in trouble for unauthorized copying.

It is illegal to download and play a Nintendo ROM from the Internet