Steal This File Sharing Book: What They Wont Tell You About File Sharing

Emulation programs themselves are not illegal, but it is illegal to copy and distribute the ROM images they run. Still, the legalities blur when one considers that U.S. copyright laws allow people to make backup copies of computer programs for archival purposes. So if you create a ROM image of a video game that you already own, you’re within the boundaries of the law, but if you download a ROM image of a game that you already own, you’re breaking the law, because you aren’t allowed to transfer copyrighted information over the Internet unless you either own the copyright or have permission from the copyright holder.

Many video-game ROMs are of games produced by companies that are no longer in business. As such, ROM traders assume that the copyrights are no longer valid. However, according to U.S. copyright law, copyrights remain valid for 75 years from the date of publication. And a game doesn’t enter the public domain simply because the company that produced it went bankrupt or because the game is no longer sold. Remember, that game could now be owned by another company. For example, Atari video games have been around for years, yet at different times the Atari copyrights have been owned by Time Warner, WMS Gaming, and Hasbro.

Despite copyright infringements, the video-gaming industry is taking a more cautious approach toward the problem of people sharing video-game ROM images over the Internet. “We are very aware that there is a strong community of classic game players online,” said Dana Henry, spokeswoman for Hasbro Interactive. “We certainly don’t want to alienate that base of fans.”

Perhaps the music and movie industries could learn from the approach of the video-game industry and address the issue of piracy while balancing the concerns of their customers. Such a move might, in fact, more effectively limit piracy than an endless string of lawsuits.