PokéBase - Pokémon Q&A
1 vote
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Is it? Also IDK if this break the rules so if it does plz post an answer on my wall

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Too.. much... ANSWERS! WHO DO I CHOOSE!!!!!!!!!!
Just give them all up votes and call it a day.
i did that
I would pick the one with the most correct information

4 Answers

7 votes
 
Best answer

I'm not going to bore you with the specific DMCA regulations (you can look them up yourself if you really want to) but suffice to say they're almost always illegal. Emulators aren't because they don't violate any law, ROMs violate copyright laws. So while it doesn't make sense to use emulators without ROMs, it is legal. Just like it is legal to have an empty beer bottle if you're under 16 but not have alcohol.

The legality regarding ROMs and emulators revolves around copyright. Emulators can be legal, though they aren't if they infringe on copyright, while all ROMs distributed by unauthorized sources are illegal. This comment below explains some of the nuance quite well.

I feel like it's also worth mentioning that despite it being illegal, you'll probably be fine. There are instances in which people have been fined, though it's such a widespread thing that it's probably not really worth it for copyright/intellectual property holders to go after the people illegally downloading their content. On the other hand, if you're mass distributing ROMs or any other sort of pirated media, you're more likely to face fines/charges.

Source

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edited ago by
so if i download HGSS and play it on an emulator, would i be breaking the law?
Yes, you would.
?
I don't get it, you said Emulators aren't legal and you say yes, you would
But playing HGSS on an emulator entails getting HGSS on a ROM which is illegal.
Fat chance you'll ever be in trouble for it though.
Did you even read the answer at all SYL? Emulators are legal but ROMs aren't.
Woops, I said illegal, ment legal. But still, Taco answers like it's breaking the law
.????????
That's because it is breaking the law. Downloading a ROM is illegal.
But, Moonlit didn't talk about a ROM
You still need a ROM to run a game on an emulator.
Ik this is old but just askin,where do I play the old games other than emulators?
I'd like to add that emulators are legal only so long as they don't infringe on copyright. Nintendo was able to get Switch emulators taken down on the basis that they used proprietary data ripped from the console.

Also since I'm a pedant I'll point out that the phrase "ROMs are illegal" is silly because all game cartridges contain ROMs. ROMs distributed on the internet are (typically) copies of the game being distributed illegally. In the context of this question, it's essentially correct. But it's generally 100% legal to dump your own cartridge of the game for personal use and there are many legitimate and ethically consistent reasons for doing so (game preservation, modification, quality of life improvements only emulators offer, etc.). Many video games would be lost to time if not for these preservation efforts. Including some obscure Nintendo games.

And many game companies/publishers are pro-emulation and do not mind so much. Nintendo is just very conservative and prideful, so they maintain a strict anti-emulation stance, despite charging out the ass for their official emulated products.
Good point, I'll modify my answer a bit.
4 votes

According to all legal precedents, emulation is legal within the United States. ... So in the US, emulation is legal but downloading a copyrighted ROM from a random website is illegal. If you want to emulate with the maximum amount of legality, you'll have to dump your own ROMs directly from your cartridges.

Yes and no. ROMs, like Hellfire Taco said, are illegal, but not the emulator itself. However, it is possible to play Pokémon games on a computer legally. You need to “dump” the game from a 3ds to a computer. Download a dumping software and use that to move the game files to your computer. As long as you don’t download games from the internet, own a dumping software, and move the game to your computer yourself, it is legal.

Source: The quote above, and I talked to somebody knowledgeable about this a while ago.

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2 votes

They are. I have seen these before, and they are basically Pokemon copies.

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1 vote

Yes because they illegal copies of a device made by Nintendo. Therefore using an emulator would bypass having to give them money.

Think about it like this. If you made a console, would you want people playing your games made for your console, on someone else's console? And along side that, they weren't even your games!

This is because the games are copyrighted. So making a copy of the game would be infringing on the copyright

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