Is it legal to get an emulator when you don't own the old console?

[crushilista]

If you use your own roms that you buy and get an emulator on a console that you didn't own that isn't sold anymore, is it legal?

[Spyhop]

Nope

[PsyMan]

Yup

[Squall-Leonhart]

the console is only required if its an emulator that requires the bios or firmware.

[Spyhop]

Guess I always assumed the older emus used the console firmware.

[Paratech]

I wonder though, let's say I dump my PS2s BIOS and then my PS2 dies, then am I no longer allowed to use the PS2 BIOS? and do I have to keep a broken PS2 for proof I dumped it's BIOS? And how exactly could I prove I had dumped the BIOS when the PS2 is broken?

[PsyMan]

Technically speaking the only needed piece of hardware is the memory chip that holds the BIOS/Firmware. Playstation 2 uses quite some memory chips for that job so you need all of them.

By the way, when the BIOS/Firmware is released for free by the copyright holder then you (apparently) don't have to own the console to use that BIOS/Firmware with an emulator.

[crushilista]

So the Dreamcast and older sega consoles are what i'm interested in. Have they given up their copyright seeing as it tanked?

[PsyMan]

Nope. You have to own the console if you want to use the BIOS and be legal. :p

[nanaya]

hmmm does sega megadrive use bios? and what if I owned the system but it went missing? XD

[Squall-Leonhart]

only for megacd

[skoreanime]

Emulators are alternatives. They're not replacements.

There are some exceptions though. Mainly for the very old, like NES for example.

[nanaya]

So uh, that means if the console is missing or broken we cannot legally use emulator again? aww... that sucks

[Exodus]

I wonder if ownership is lost when possession is...

[lagunareturns]

I wonder if ownership is lost when possession is...

of course, still if it was stolen from you i still reckon its okay from a personal point of view, but from a law point of view absolutely not.

from my point of view, as long you got the console broken or not, you legally viable to use but when you have to use a bios in an emu it must be your own bios otherwise technically thats stealing (also i hate people complain about their emu issues since they downloaded a corrupted bios, same thing when people complain about their downloaded isos and roms without realising its corrupted)

its like using dolphin emu to play wii games (when they play bug free that is), is it okay if i buy the game for me to use the emu since it doesnt use the bios of course not, nintendo are still selling the console, its like you robbing nintendo of their sales of the console....

its the same for the older consoles as well, and before you complain i cant get the console, try ebay, i get all the consoles i could ever want.... still it is not legal to play the emu or use the bios of a console if you sell the console since you sold the use of the console and right (license in a way) to use the emulator

in short, no console no emu period, and use your own bios period... by the way thats how the law sees it unless they change it

by the way there are bios files for megadrive/genesis, master system, nes, snes and many older systems, its up to the emu auther to use them or not... if you dont believe me, check kega emu, you can choose to use megadrive/genesis, master system and game gear bios

sorry for the long post but purchasing a game on virtual console/or similar system (cant remember xbox 360 calls their system or i am i getting wiis one confused xbox360 one, whatever i hope you know what i mean) doesnt mean you are allowed to use the rom in any emu or give you right to use an emulator based on the game you purchased, all you get is a license to use the rom of the game you purchased only in virtual console/or the similar system... its the law, take it up with nintendo if you prefer to have purchased a license to use their roms on any emu, hey just tell them you have done it already and see their reaction

[Exodus]

of course, still if it was stolen from you i still reckon its okay from a personal point of view, but from a law point of view absolutely not.
So if something is stolen from you, you no longer have the right to claim it as yours legally?

[Phil]

Only in the books. We all know how the game works in real life, even the console makers themselves.

[Exodus]

The book of... law?

[Cid Highwind]

of course, still if it was stolen from you i still reckon its okay from a personal point of view, but from a law point of view absolutely not.

from my point of view, as long you got the console broken or not, you legally viable to use but when you have to use a bios in an emu it must be your own bios otherwise technically thats stealing (also i hate people complain about their emu issues since they downloaded a corrupted bios, same thing when people complain about their downloaded isos and roms without realising its corrupted)Correct, though when things are stolen it does get difficult. With games you are allowed to have a backup for such situations, I suppose it's the same for a bios file. Still, they (the other party) could play it in such a way that in this case you may have to prove you once owned it. Which should be easy, since theft should be reported to the police where you will get a confirmation.

its like using dolphin emu to play wii games (when they play bug free that is), is it okay if i buy the game for me to use the emu since it doesnt use the bios of course not, nintendo are still selling the console, its like you robbing nintendo of their sales of the console....Their loss of sales is irrelevant if you're not doing anything illegal, like the use of copyrighted material (bios) for which you have no permission. This is a moral thing, but law is pretty clear on this. Although the DMCA may be tricky when it comes to reverse engineering.

its the same for the older consoles as well, and before you complain i cant get the console, try ebay, i get all the consoles i could ever want.... still it is not legal to play the emu or use the bios of a console if you sell the console since you sold the use of the console and right (license in a way) to use the emulatorTrue, unless the emulator uses no bios nor any other copyrighted materials. I don't think a simple user is supposed to know whether or not the emulator was coded with "illegally acquired knowledge" either, which will most likely be the only way to sue the end user for. I don't think he can be held accountable for that, since that would have major legal consequences.
(Intel being able to sue all AMD owners for AMD once having used illegally obtained information to develop their processors, just for example)

in short, no console no emu period, and use your own bios period... by the way thats how the law sees it unless they change itUnless you use an illegally acquired bios, emulation is completely legal (depending on local law still), as shown in various law cases. Bleem got framed by Sony but in the end emulation was still legal in principle as far as I know. Knifes are legal as well, until you start to perform illegal activities with them ;)


by the way there are bios files for megadrive/genesis, master system, nes, snes and many older systems, its up to the emu auther to use them or not... if you dont believe me, check kega emu, you can choose to use megadrive/genesis, master system and game gear bios

sorry for the long post but purchasing a game on virtual console/or similar system (cant remember xbox 360 calls their system or i am i getting wiis one confused xbox360 one, whatever i hope you know what i mean) doesnt mean you are allowed to use the rom in any emu or give you right to use an emulator based on the game you purchased, all you get is a license to use the rom of the game you purchased only in virtual console/or the similar system... its the law, take it up with nintendo if you prefer to have purchased a license to use their roms on any emu, hey just tell them you have done it already and see their reaction
Depends on how Nintendo presents their service. If they just allow you to download those ROMs for a price, it's yours to do with what you want within local law. So you're most likely not allowed to duplicate it and distribute it. Moving it to a PC to use it elsewhere will legally not be a problem. IF Nintendo's EULA says so, the entire clause is void.

Law > EULA

At least, that's in principle. Remember, being right and having to other party admit you're right doesn't always go hand in hand in a grown up world.