Depends on the game.
I don't think Nintendo, Sega, and so forth are making a lot of (if any?) profit from NES, SNES, Genesis, etc titles. I think for otherwise "retired" systems, emulation should be OK.
The only reason I can think of, and it's not a very good reason, to prevent emulation of these "retired" titles is in the even they do the whole "NES Remastered" thing they did a short while ago where they come out with a little box that is officially emulating titles, and Nintendo get's a small % of that.
Maybe they're worried about a slippery slope? A "give 'em an inch" situation? Maybe they think if they make "retired" system emulation acceptable, people might take that as permission to do current or last-gen emulation as well?
@RSM-HQ said:
https://www.nintendo.com/corp/legal.jsp#download_rom
There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a ROM from the Internet.
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.
Well doesn't seem very "controversial" OP, Roms and emulators are illegal. It's fact.
Doesn't change that some will do it; this topic comes up at least twice a year. Always with someone trying to justify what they do, which should speak volumes they they know being in the wrong.
Overall I'm very 'meh' about it. It's not my concern to get deeply involved in what illegal acts others do.
What I can't stand however are the people in denial claiming to be somekind of justice warrior sticking it to the big-man, even bragging about emulators and Roms as if it's something that should be mass accepted, when in reality they're swiping software for self-entertainment purposes and ignoring laws against it.
Don't attempt to justify petty actions.
We are just talking. No one is saying anything concrete or definite.
I think in the bolded section, that's like the one reason I can see anyone being OK with emulation. Just because someone is playing the original Metroid does not mean they are entirely satisfied and will suddenly pass on a new Metroid game should one come out.
Sounds like Nintendo's policy is based solely on technicalities ("therefore..."), not anything practical or reasonable. Again, not making excuses, just arguing they should change their policy.
If I made an IP 20 years ago and I have not see a dime made off of it for 10 years, and someone wanted to use that IP solely out of appreciation for it and no one else was making a profit, I'd be OK with that. Playing NES, SNES, Sega, etc games that are no longer sold retail shouldn't be a crime.
Also, given the lack of general backwards compatibility, I think it is petty for any hardware manufacturer to be against emulation when they actively prevent loyal customers from playing games they likely have purchased in the past. Let's just assume for a second there's a way to get cartridge-based stuff "scanned" onto a USB stick...if this were true, wouldn't the ideal be that Nintendo et al allows backwards compatibility, to negate any emulation?
Sounds like they could be a bit more proactive and consumer-friendly in preventing emulation, as opposed to just relying on old legal jargon "Grrrr it's our IP hands off!"
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