5 ms·
>ROM dumping is not a crime Not a crime as such, but how does one dump a ROM without making copy, and how does one get the right to make copies if Nintendo won
by bragr 4y ago
>ROM dumping is not a crime
Not a crime as such, but how does one dump a ROM without making copy, and how does one get the right to make copies if Nintendo won't license you the content? It's fine to make an policy argument about the the law aught to be, but you can't just ignore what it is.
- ravenstine 4y agoMaking a copy for one's own use isn't immoral, no matter what is in the best interest of a business.
- jcranmer 4y agoIt's permissible to create a copy for personal use, so long as you don't distribute the copy. Copyright is primarily about distribution of copies, not the making of copies themselves.
- bragr 4y agoRight but that's a small fig leaf for the people who get sued over this who very much are going beyond personal use. Circling back to it's fine to make a policy argument but dumb to flout the law.
- bdowling 4y agoNo, copyright law is about the exclusive right to make copies, among other rights. In US law this is 17 USC 106. The reason making a single copy for personal use is generally considered permissible is because: (1) it may be fair use under 17 USC 107, (2) the copyright owner will probably never find out, and (3) even if the copyright owner found out it probably won’t sue over one copy.
- kodt 4y agoDidn't the DMCA make bypassing copy protections illegal?
- brokenmachine 4y agoROMs don't generally have copy protection though, do they? I guess arcade ones do.
- kodt 4y agoNo, but usually the physical media (DVD / BluRay / Cartridge) does. The issue comes in how do you legally create the Rom without bypassing copy protections.
- Mindwipe 4y agoNot in all territories it isn't. https://www.gov.uk/government/news/quashing-of-private-copying-exception https://www.gov.uk/government/news/quashing-of-private-copyi...
- 1827162 4y agoTime for some civil disobedience?
- phpisthebest 4y agoCommon misconception, IP laws are about commercial use of something Personal copies are legal... Just like I can take a patent, build the thing and use it myself, I just can not make commercial product and sell it.
- bragr 4y agoSorry but I believe you have the misconception, at least under US copyright law. There's some extra penalties for commercial use, but there is no general fair use exception for non-commercial use (as apposed to say educational use, which does have a general exception). Feel free to cite a statute or caselaw if I'm wrong.
- phpisthebest 4y agoCopyright is about DISTRIBUTION to others. If you never distribute a copyrighted work to another person there is zero violation of copyright This is why I am not aware of anyone ever being sue or otherwise held to account for DOWNLOADING copyrighted works. They always Sue over DISTRIBUTION. BitTorrent got the tag of "Sued for downloading" but in reality people were sued for seeding, ie distributing. I am not aware of any leecher that was sued. Similar of Usenet, Uploaders, and usenet providers get sued, but downloaders? The entire point of copyright is about preventing unauthorized distribution,
- bragr 4y ago>This is why I am not aware of anyone ever being sue or otherwise held to account for DOWNLOADING copyrighted works. They always Sue over DISTRIBUTION. So you must have missed all the filesharing lawsuits over the last 25 years. Lots of people got sued for just downloading, not seeding, just downloading.
- phpisthebest 4y agoI followed them very closely, 99% of them were bit torrent and misreported in the media as "downloading" when in fact if you read the actual cases it was the distribution / uploading that was the bases of the case