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Is it illegal to play old ROMs?

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 of old games 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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Can you get in trouble for emulating old games?

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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Are old emulators legal?

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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Are ROMs from Internet Archive legal?

Last Updated: Apr 07, 2022 17582. The short answer is yes, they are legal. However, a recent lawsuit has been filed against Internet Archive so it may help to understand their e-book service model and the issues being raised against them.
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Has anyone been sued for ROMs?

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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Has anyone been prosecuted for downloading ROMs?

Is downloading ROMs illegal? Downloading is almost never “illegal”. All people prosecuted or sued for “downloading” were taken to court over uploading only. “downloading” is a lie, spread by the media corporations to scare downloaders.
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Has Nintendo sued for emulation?

This was not a lawsuit per se: Nintendo never sued Epsilon and RealityMan, the authors of the UltraHLE Nintendo 64 emulator (it is common for figures in the emulation community to go by pseudonyms), but were considering doing so for about a month earlier this year.
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Do emulators count as piracy?

Now, is emulation piracy? 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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What is the penalty for downloading ROMs?

No you can't, unless you are doing day after day, month after month then you may draw some attention but if you are just randomly downloading a rom of Super Mario Brothers for the original nintendo, you are not going to get sued by Nintendo, you won't get into any legal trouble.
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Is it legal to play Nintendo ROMs?

It is illegal to download a Nintendo ROM from the internet whether or not you own an authentic copy of that game.
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What makes emulation illegal?

Emulation is legal as long as you don't violate copyright laws. Writing your own emulator, downloading an emulator, etc. is perfectly legal. Playing games on an emulator is legal if you have a license to those games (so for example buying a game on PSN/Virtual Console, or a NES Classic).
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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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Are ROMs illegal in the US?

Sharing of ROMs is also considered to be illegal. But if you own the cartridge, then there's no problem with downloading the ROM. Is downloading ROM Hacks illegal? If you do not use your legally purchased ROM, and patch it, it is illegal.
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Are custom ROMs illegal?

It is not illegal to install a custom ROM on your phone if you own the phone.
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Is pirating games a felony?

Software piracy is illegal in California under Penal Code Section 350. The law makes it a felony, punishable by either two, three, or five years in state prison, to take a trademarked product worth more than $400 and copy it without the trademark owner's permission.
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Is using a VPN piracy?

The simple answer is yes, you can get caught torrenting even when using a VPN; however, it's very unlikely since VPNs hide IP addresses and web traffic. One way you can get caught though is if the VPN you are using doesn't have a kill switch.
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Can you get banned for using emulators?

Emulators aren't cheats nor do they commit piracy. You are, however, responsible for the legality of the software images used in the emulator. Originally posted by Ettanin: No it won't get you banned.
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Why does Nintendo hate 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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Why did Apple ban emulators?

Are Android emulators legal? Why is Apple always curbing iOS emulators? Because, while emulation technology itself is legal, they typically are used to play ROMs that individuals obtain illegally.
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Which ROM website is being sued by Nintendo?

The company has filed a massive lawsuit, targetting two sites: LoveROM.com and LoveRETRO.co. The reason behind these lawsuits is that these sites host uploads of ROM files for a wide variety of systems, many of which are Nintendo's copyrighted games.
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Does Nintendo sue for ROMs?

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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Do people get in trouble for illegal downloads?

The potential consequences of illegal downloading and file sharing are extremely serious. There are both civil and criminal penalties for illegal downloading and file sharing: In a civil suit, an infringer may be liable for a copyright owner's actual damages plus any profits made from the infringement.
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What is considered illegal downloading?

It is illegal to download any music or movies that are copyrighted. Downloading or file-sharing a copyrighted song or movie could expose you to a lawsuit for money damages that could cost you hundreds or even thousands of dollars.
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