Do VC titles constitute legal software backups?

[The Executive]

Do VC titles constitute legal software backups? They're basically an identical ROM to what you would already have with a legally owned cartridge of the game save the .wad packaging. I just need someone to clear this up for me.

 

[SkylerOcon]

If you mean by backing up the actual game, then no it's not legal. It's illegal to copy any game that was sold to the public, unless otherwise stated by the publishing company.

If you mean gameplay data (which I don't think you do) then why not? It's the memory for your game and they give us devices to do that.

 

[The Executive]

If you mean by backing up the actual game, then no it's not legal. It's illegal to copy any game that was sold to the public, unless otherwise stated by the publishing company.

If you mean gameplay data (which I don't think you do) then why not? It's the memory for your game and they give us devices to do that.

Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.

Under section 117, you or someone you authorize may make a copy of an original computer program if:

the new copy is being made for archival (i.e., backup) purposes only;
you are the legal owner of the copy; and
any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).

It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.

All of Nintendo's "thou shalt not's" on http://gamecube.org/corp/legal.jsp#download_rom apply to downloaded or otherwise obtained copies of other ROMs, not the one you own. It is perfectly legal keep a ROM you dump yourself of a game you legally own. My initial post was asking whether it's legal to keep your backup ROM within a .wad package on a Wii system.

 

[SkylerOcon]

So as long as you do it yourself, it should be legal.

But I don't get why you can't download older games using emulators/ROMS. They aren't even in circulation anymore.

 

[The Executive]

So as long as you do it yourself, it should be legal.

But I don't get why you can't download older games using emulators/ROMS. They aren't even in circulation anymore.

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.

So, no. you "can't" do that, even though Nintendo receives ZERO profits from resale by 3rd-parties of games they themselves no longer sell or manufacture. It's ridiculous. If my Pokemon Gold/Silver cartridge is not working (none of the original ones do because the manufacturer cut costs and installed a faulty lithium battery with a pathetic lifespan), I should be perfectly able to download and use a copy of said ROM since my copy will remain unusable unless I break open the cartridge and solder on a new battery (yet another no-no from Nintendo). Nintendo likely has no plans of ever rereleasing this game in its original format, so what am I to do if I want to play my game?

 

[blazedaces]

So, no. you "can't" do that, even though Nintendo receives ZERO profits from resale by 3rd-parties of games they themselves no longer sell or manufacture. It's ridiculous. If my Pokemon Gold/Silver cartridge is not working (none of the original ones do because the manufacturer cut costs and installed a faulty lithium battery with a pathetic lifespan), I should be perfectly able to download and use a copy of said ROM since my copy will remain unusable unless I break open the cartridge and solder on a new battery (yet another no-no from Nintendo). Nintendo likely has no plans of ever rereleasing this game in its original format, so what am I to do if I want to play my game?

Solution:
Stop caring about nintendo's regulations and play the game.

-blazed

 

[The Executive]

Solution:
Stop caring about nintendo's regulations and play the game.

-blazed

Ah, you're right. I can't apply double standards here (I bought an M3 Real in Nov. 2007 to backup my DS games + imports + mp3s, great product). Still waiting to hear if anyone can answer my question about rom injections.

 

[SkylerOcon]

Just don't give them away to other people and don't download them and it's perfectly legal. Nintendo said that as long as it's for backup purposes, it's fine.

 

[The Executive]

Just don't give them away to other people and don't download them and it's perfectly legal. Nintendo said that as long as it's for backup purposes, it's fine.

Sure thing...I don't even know why I listen to Nintendo anyway...their new GC models block Freeloader, their Wii updates block GC Freeloader, and they'll likely block the new one as well. It's like they don't want me to play import games I walked into a store and paid ¥7,140 for.

 

[SkylerOcon]

Just don't update.

 

[The Executive]

Just don't update.

Impossible. Brawl and MK Wii both had mandatory installs, it's likely following 1st-party games will also have these measures.

 

[Firus]

Impossible. Brawl and MK Wii both had mandatory installs, it's likely following 1st-party games will also have these measures.

Yeah, and you'd be stupid not to realize that these updates aren't actually mandatory for the game, they're mandatory to play the game so that if you choose not to update to not get screwed over, you won't be able to play new games, which most people would not like.

But yeah, I really don't understand Nintendo's reasoning with old games. OK, so I can't download the ROM, it's illegal. But they aren't in circulation anymore...you don't sell it yourself...so the only people losing money are those trying to sell their old games/systems. Nintendo doesn't care about them, so why are they so indignant about old-school ROMs? Maybe they're worried about the slippery slope effect, but it's not as if it would be arguably a good idea to legalize all ROMs...

I think that once Nintendo stops selling it themselves, it should be fair game. I seriously cannot get over that; how does it aid them at all? If I can easily buy a game, I'd rather buy the game. I might want a backup copy for the game, but I'd rather buy it first. But if Nintendo makes it practically impossible to obtain a game, and I'll be spending...oh, what, $100 on Earthbound from someone on eBay, I see no reason for them to get upset.

Big companies and copyrights really irk me sometimes...

 

[The Executive]

The only legitimate piracy issue Nintendo has that they can take to court are R4s/M3s and DS piracy. The argument would be along the lines of "the R4 is a piracy device so if you bought one that makes you a pirate *thunderclap*", which is not true because my M3 by and large backups my DS carts and plays my mp3s, that's about it. It would be nigh impossible to tell who downloaded what illegal ROMs anyways, so it's a futile effort to go after people; efforts should be concentrated on the Chinese inventors and sellers who explicitly market the chip as "The R4...you know what it does." (ZOMG PIRACY!111)