Is it legal to download retro games?

On its own, the possibility of playing older games in whichever environment you please sounds like a nice option to have. But while emulators are free and legal, ROMs are not.
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Is it legal to emulate retro games?

Emulators are legal, as emulating a system is not exactly the same as copying proprietary code of that system. Except those emulators which require the BIOS files to run, they are illegal. Since NES emulation does not require bios files that won't be a problem.
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Is downloading games from Internet Archive legal?

In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading it could be considered piracy.
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Are ROMs legal in the USA?

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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Is it illegal to download games that are no longer sold?

Rarely has any abandonware case gone to court, but it is still unlawful to distribute copies of old copyrighted software and games, with or without compensation, in any Berne Convention signatory country.
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How Older Games Showed Me Whats Wrong With Modern Gaming

Can you go to jail for downloading pirated games?

Answer: The legal consequences of video game piracy can include civil lawsuits leading to hefty fines, and in severe cases, criminal charges that may result in imprisonment. The exact penalties vary depending on the country's laws but generally involve significant monetary fines and potential jail time.
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Is my abandonware illegal?

Copyright remains for up to 70 years after the copyright holders death. So 'abandonware' isn't legal.
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What happens if you get caught with 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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What is the punishment for downloading ROMs?

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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Why is it illegal to download ROMs?

Game companies and copyright law don't care if they don't publish or make profit of their old games anymore, it's their copyright and they will consider this as a form of piracy.
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What happens if you get caught illegal downloading?

Penalties for Piracy

Maximum penalties for misdemeanor copyright infringement are one year in prison and a $100,000 fine. Maximum penalties for felony copyright infringement generally are: Commercial advantage or private financial gain: five years in prison and a $250,000 fine.
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How are illegal downloads tracked?

Now, the job of going after individual copyright pirates has been outsourced to a growing number of small businesses known as copyright trolls. These companies locate torrenters who illegally download copyrighted content through their real IP addresses.
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How bad is illegal downloading?

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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Is pirating retro games illegal?

Video game piracy is illegal.
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Why is emulating games illegal?

Emulators make software piracy possible by circumventing anti-piracy countermeasures on video game systems.
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How illegal is emulating?

Although emulating a game is not explicitly illegal, downloading copyrighted code (in this case, downloading a video game) is, and the many fan-made or parody games that one can play on emulators occupy something of a legal gray zone.
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Will Nintendo sue me for downloading 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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Has Nintendo sued anyone for downloading ROMs?

The company also won a lawsuit against RomUniverse and ordered the site to both destroy its pirated games and pay $2 million in damages. Logan Plant is a freelance writer for IGN covering video game and entertainment news.
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How do I legally get ROMs?

One way to acquire legal ROMs is backing up official copies of the games from owned physical medium using cart readers or modded consoles. As long as a physical copy is owned, it is considered to be legal to use a digital copy for personal use.
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Is it illegal to play Pokemon ROMs?

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.
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Do ROMs count as piracy?

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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Why is emulation legal?

While emulation software itself are legal, emulating games is only so when legitimately purchasing the game physically and ripping the contents. Freely downloading or uploading game ROMs across various internet sites is considered to be a form of piracy, and users may be sued for copyright infringement.
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What files are illegal to download?

Illegal downloading (also known as piracy) is when a user downloads a copy of paid content for free without permission from the owner. This includes music, TV shows, movies, video games, audiobooks, ebooks and sports broadcasts.
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How long until a game becomes abandonware?

There's a few ways to determine if a game is considered an Abandonware. First, if the company for the game no longer exists or develops, then the game can be considered abandonware. Second, if the game developer is active, but has not updated the game in a long time (2–3 years long), then it can be considered.
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Is it safe to download games from abandonware?

Because distribution of abandonware is largely uncontrolled and independent, it's quite possible that bad actors are putting malware into the abandonware, which you could then get in your PC or phone or tablet.
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