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How are ROMs not illegal?

If you own a game physically, you are likely to emulate or own a ROM of the game. However, there's no legal precedent in the United States to say it's illegal. There is no trial on record of any company going to court over emulators or ROMs and their use.
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Are ROMs actually illegal?

But while emulators are free and legal, ROMs are not. A person can go through the tedious process of copying game data off their disc or cartridge to their computer, but nine times out of 10, people who have ROMs probably just downloaded them off some corner of the internet.
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What makes ROMs legal?

Emulators are legal to download and use, however, sharing copyrighted ROMs online is illegal. There is no legal precedent for ripping and downloading ROMs for games you own, though an argument could be made for fair use.
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Can you get caught using ROMs?

the reason why you probably haven't heard of them is because they are almost never reported. however, the chances of you getting caught downloading a ROM is extremely low, of course with using a good vpn, keeping quiet and not sharing this, not outright bragging to the company the rom belongs to.
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Why are emulators legal but not ROMs?

In the USA, emulators are legal. A backup or image you make of your own game is legal. Downloading a ROM or backup off the Internet is always illegal unless the copyright holder authorized it. Other areas are gray areas or illegal.
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Emulators and Roms are they LEGAL?

Can you go to jail for emulation?

Emulators are 100% legal, as is the process of downloading them. They are no different to other programs you might download such as word processing or music player software. Downloading and uploading ROMs is illegal, however, so make sure you use your own game files.
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Why is Nintendo so strict with ROMs?

As Tre Lovell explained to SVG, Nintendo likely has a very clear reason for actively targeting fan-made mods when other gaming companies seem to be more lenient: Nintendo's primary motivation is going to be to protect its brand identity.
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Do people get sued for ROMs?

Can you be sued for downloading a ROM? Emulators are legal to download and use, however, sharing copyrighted ROMs online is illegal. There is no legal precedent for ripping and downloading ROMs for games you own, though an argument could be made for fair use.
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Is emulating considered pirating?

Well, since we have already made it clear that there is nothing to certify that emulation is a crime or that emulators are illegal, therefore, the act of downloading and using emulators also does not qualify as piracy.
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Is it illegal to pirate games?

Unwanted attention from law enforcement. Finally, it's important to remember that using pirated gaming content is illegal. Depending on the jurisdiction in which you live, it could lead to fines or even jail time, if use of cracked software can be traced back.
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Can ROMs contain malware?

Though ROMs can contain viruses, it is generally safe. ROM files are not executable, so they should be safe barring some exploit in an emulator. Thus, you are recommended to get common ROM from authorized websites.
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Is it illegal to use Dolphin emulator?

It is not illegal, as you own the ROM. ROM hacks are simply modified ROMS. Even AP-Protected ROMS (anti-piracy) that you bypass using a ROM hack on would not be illegal, as you legally own said ROM.
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Is downloading a ROM considered piracy?

Illegal use would constitute downloading ROMs of games you do not own. Sharing of ROMs is also considered to be illegal. But if you own the cartridge, then there's no problem with downloading the ROM.
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Is it illegal to download Nintendo switch ROMs?

Pirate copies of game files are often referred to as “ROMs”. The uploading and downloading of pirate copies of Nintendo games is illegal.
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Can you get in trouble with your ISP for downloading ROMs?

the reason why you probably haven't heard of them is because they are almost never reported. however, the chances of you getting caught downloading a ROM is extremely low, of course with using a good vpn, keeping quiet and not sharing this, not outright bragging to the company the rom belongs to.
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Can you get sued for emulating?

Emulators are 100% legal, as is the process of downloading them. They are no different to other programs you might download such as word processing or music player software. Downloading and uploading ROMs is illegal, however, so make sure you use your own game files.
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Has Nintendo sued for emulation?

RomUniverse was first sued by Nintendo in 2019 for what its lawyers called “brazen and mass-scale infringement.” Nintendo won that lawsuit in May and was awarded $2.1 million dollars in damages, which would be paid by RomUniverse owner Matthew Storman in $50 monthly payments. At least, in theory.
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Does anyone get caught for pirating games?

Just like illegally downloading music and movies, stealing video games via piracy is a federal crime in the United States. Punishment can range from paying back the copyright holder to spending time in jail. Of course, many people pirate software and video games, so it would be impossible for the FBI to catch them all.
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What does Nintendo think of ROMs?

Some sites just provided emulators, others included a vast selection of ROMs. The site owners did not own the copyright to games that had once been commercially available, however. This created friction with firms such as Nintendo. Over the years, the company has made no secret of its dislike of emulators and ROMs.
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Why doesn t Nintendo like emulators?

Thus, emulation becomes illegal as soon as file-sharing is involved, and the vast majority of folks using emulators is doing so thanks to file-sharing. This is why Nintendo has constantly been trying to take down emulation hubs as it considers them to be centers for piracy promotion.
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Is it illegal to dump ROMs?

absolutely, if you take your nintendo switch game card, and dump it to an sd card or whatever that is completely legal. it becomes illegal the minute you share it or distribute it. but you own the game you can do whatever you want with the rom, minus distribution you can play it on an emulator if you want.
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Does Nintendo go after piracy?

Nintendo works closely with domestic and international enforcement authorities and Internet-monitoring agencies to curtail the spread of piracy and to demonstrate that the consequences for this illegal activity are real.
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Are ROMs illegal if you don't own the game?

The ROMs those emulators run have certain legal restrictions on them inasmuch as they are copyrighted software. In the USA, it is considered legal to make ROM backups of games you physically own for archival/preservation purposes. It is considered illegal to distribute copyrighted ROMs without a license to do so.
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Is it okay to pirate old games?

Just like illegally downloading music and movies, stealing video games via piracy is a federal crime in the United States. Punishment can range from paying back the copyright holder to spending time in jail. Of course, many people pirate software and video games, so it would be impossible for the FBI to catch them all.
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How are emulators not illegal?

Emulators are not illegal, as they are simply re-made version of consoles. They usually have their own license and such, too. The only possible illegal part of emulators is the actual game(ROM). As if you take a ROM downloaded from the internet, it is technically pirating.
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