Who legally has rights to the ROMs?

SabbathKeepah

New member
I was wondering if third party developers held the rights to the ROM Images of the games they developed for NES or if Nintendo hold exclusive rights through the lisensing agreements.

<P ID="signature">-------------------------
small_takeittux.jpg


Linux is for Bitches</P>
 
You can create a ROM image from a hard copy you own. However you cannot legally distribute that copy to others. It's the same idea as with DVDs... you can make a DVD copy of a movie you already own... but you can't make a million copies and give them away to other people.

So I guess you could say the ROM image belongs to the person who originally dumped it... but it seems kind of silly to make that connection.

<P ID="signature"></P>
 
> So I guess you could say the ROM image belongs to the person
> who originally dumped it... but it seems kind of silly to
> make that connection.

<img src=smilies/magbiggrin.gif> but since i can now dump game images by myself, i no longer find it silly in anyway

<P ID="signature"><center>From my bed I watch TV, Drunk by noon but that's okay, I'll be president someday

.::http://gavin.panicus.orgGavin.Panicus.org</a> ::.
</center></P>
 
He was asking about the ROM contents - the game itself.

As in, "do the programmers own the game code and data, does the programmers' company, or does the licenser".

<P ID="signature"></P>
 
doh *nt*

> As in, "do the programmers own the game code and data, does
> the programmers' company, or does the licenser".


whatev

<P ID="signature"></P>
 
> I mean the information in the ROM. The game itself.

Almost certainly the publisher. Same goes with any book or album. Ever see "lyrics reproduced with permission" on the sleeve note? It's because the record company owns them, in the same way that a publisher owns the code of games it publishes, unless ownership rights were somehow reserved in the contract (but the developer would have to be in a pretty strong negotiating position to manage that - maybe someone like Peter Molyneux could get away with it).

As for the license-holder (eg Nintendo, etc), so far as I understand, that's more to do with rights and permissions to have games released on any given system, sometimes exclusively. It's not at all related to ownership rights for the intellectual property.

<P ID="signature"></P>
 
Nintendo makes it pretty clear that ROMs are illegal. They prevent Nintendo from releasing 4 NES games in a Gamecube Package for 25 bucks whenever they want. GBA ROMs, I would say, is warez pure and simple. The information in the copied game still belongs to it's respective owner 100%. It's just like scanning a work of art... the scan of the work of art isn't yours, it's still the authors.

Frankly, I still have the lost hope that Nintendo would join the emulation community in making romhacking tools and cool emulators on the freeware market, just to see the smile on our faces.... but then again, I'm delusional ;)

<P ID="signature">
reagansignature.jpg
</P>
 
> Nintendo makes it pretty clear that ROMs are illegal. They
> prevent Nintendo from releasing 4 NES games in a Gamecube
> Package for 25 bucks whenever they want.

They do? Wow, that's news to me, since there are 19 emulatd NES games available in Animal Crossing, which was made by Nintendo.

<P ID="signature"></P>
 
...Or even the Zelda Collector's disc (2 NES games, 2 N64 games).

...Or even Metroid on the Metroid Prime disc...

So that's at least 24 ROM images I know of at the moment for the GameCube, right offhand.

Not to even mention the NES/Famicom series for GBA...

<P ID="signature"></P>
 
...Or 6 NES games and 1 SNES games on the Megaman Collectors disk.

<P ID="signature"><hr>
<center>
LMleh.gif
LynnStatus.png

</center></P>
 
What are you trying to prove?

> http://www.nintendo.com/corp/faqs/legal.html#helping

Posting links does not change the fact that I own two games that Nintendo have released that contain emulators. Those legal comments are only applicable people who, you know, don't actually own the rights to the games. Like you and I. No matter how much you claim otherwise, those links will not cause all of the Animal Crossing discs - emulating Balloon Fight, Clu Clu Land, Donkey Kong, Donkey Kong Jr., Super Mario Bros., Legend of Zelda, Ice Climber, Punchout, Wario's Woods, and 10 other NES games - to vanish into the ethereal realm, it will not suddenly negate the existence of the Wind Waker bonus disc with The Legend of Zelda: Ocarina of Time and The Legend of Zelda: Master Quest emulated, it will not erase all memories of the additional Zelda bonus disc with Zelda 1 and Zelda 2 emulated on it, it will not warp all copies of Metroid Prime - each of which contains an emulator and ROM for the original Metroid - beyond use, nor will it prevent the release of Fight Night 2, which emulates Super Punchout.

<P ID="signature"></P>
 
Re: What are you trying to prove?

I'm not judging or anything, I'm just stating the facts. I play ROMs daily, I'm in the process of beating Master Quest on project64 right now. I love emulation dude, why else would I regular here <img src=smilies/cwm11.gif>. I'll drink to the progress of emulation everyday!!

<P ID="signature">
reagansignature.jpg
</P>
 
Re: What are you trying to prove?

> I'm not judging or anything, I'm just stating the facts. I
> play ROMs daily, I'm in the process of beating Master Quest
> on project64 right now. I love emulation dude, why else
> would I regular here . I'll drink to the progress of
> emulation everyday!!

Well, yeah, but I'm just trying to point out that while it's true Nintendo likes to claim that emulation is illegal and so on, they obviously don't apply it to themselves. <img src=smilies/magbiggrin.gif>

<P ID="signature"></P>
 
Re: What are you trying to prove?

Well, not only that, they're also bullshitting to a certain extent. Under the DMCA you CAN make a backup of your own game if you have a copier. Emulators and copiers are not illegal.

In all fairness to Nintendo, it's their lawyers using the harsh, meaningless rhetoric and not necessarily the gamemakers we come to respect for their talents.

<P ID="signature">
reagansignature.jpg
</P>
 
Re: What are you trying to prove?

> Well, not only that, they're also bullshitting to a certain
> extent. Under the DMCA you CAN make a backup of your own
> game if you have a copier. Emulators and copiers are not
> illegal.

http://www.zophar.net/wwwthreads/showthreaded.php?Cat=&Board=talktown&Number=249962&page=&view=&sb=&o=Actually, that's not quite the case.</a> Fair-use exemptions do not apply to copyrighted works stored on silicon until ten years have passed, in accordance with 17 USC 904.

<P ID="signature"></P>
 
Re: What are you trying to prove?

> In all fairness to Nintendo, it's their lawyers using the
> harsh, meaningless rhetoric...

But i thought you loved Harsh, Meaningless Rhetoric. *coughBushBumperStickercough* <img src=smilies/magbiggrin.gif>

<P ID="signature"><center>From my bed I watch TV, Drunk by noon but that's okay, I'll be president someday

.::http://gavin.panicus.orgGavin.Panicus.org</a> ::.
</center></P>
 
> http://www.nintendo.com/corp/faqs/legal.html#helping
>

"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"

Since when does Nintendo have the right to say that people can't program an emulator for a 6502 computer?

<P ID="signature">
pngff.png
</P>
 
I got a classic IDSA letter once because I had screenshots on my site. No shit.

<P ID="signature">
reagansignature.jpg
</P>
 
Back
Top Bottom