What makes emulation illegal?

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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Why is emulation illegal?

Emulators make software piracy possible by circumventing anti-piracy countermeasures on video game systems. Every Sony PlayStation video game system comes with a special security chip installed that prevents the unit from playing pirated PlayStation games (copies made from the original using a CD burner, for example).
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Why is emulation not piracy?

Technically, emulation is completely legal. GOG, PlayStation, Xbox, and Nintendo all do it to uphold backward compatibility on newer platforms.
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Can you get caught for emulating?

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 makes ROMs illegal?

To begin: downloading a copy of a game you don't own is not legal. It's no different from downloading a movie or TV show that you don't own. "Let's assume I have an old Super Nintendo, and I love Super Mario World, so I download a ROM and play it," said Bambauer. "That's a violation of copyright."
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Emulation is LEGAL...for NOW! Gaming Preservation and the Law for Retro Gamers

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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Is Dolphin EMU legal?

Projects like Dolphin are seemingly not illegal, given they can be used to run homebrew games and applications, developed by fans of an abandoned console. And the emulators themselves most often contain no pirated material or illegal software.
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Has anyone gone to jail for downloading ROMs?

So, basically, under no circumstances is playing ROMs on an emulator legal. But no one has ever been prosecuted for it – not even once. Mind you, websites sourcing ROMs have often been asked to shut down.
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How are handheld emulators legal?

Emulators typically do not include the BIOS or the firmware used to perform hardware initialization, runtime services and programs needed to emulate the given game. Therefore, emulators themselves are typically legal. If a specific emulator contained the BIOS image within the archive, this could be challenged.
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Can you get sued for using an emulator?

Yes, emulators are legal. But we all know that the overwhelming use of them is in illegal situations. What percentage of emulators are only used to play homebrewed games or commercial games that an individual has personally backed up? Almost all other uses are illegal.
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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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Is emulation legal Nintendo?

Therefore, the copyrights of games are valid even if the games are not found on store shelves, and using, copying and/or distributing those games is a copyright infringement. While we recognize the passion that players have for classic games, supporting emulation also supports the illegal piracy of our products.
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Is emulating a game you own illegal?

Emulation is not illegal, however, there's almost no legal way to get the games, even if you own them. While roms are not inherently illegal, if you have to bypass any form of DRM to obtain them, you're violating the DMCA's anti-circumvention measures. Is it illegal to emulate games you own on pc?
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Has anyone been sued for emulation?

There have been a handful of emulator lawsuits; described below are three emulator-related legal incidents, one of which is highly significant in that it may finally be the case that sets the precedent for all such cases to follow.
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Is emulating on Xbox illegal?

A few months ago, the Xbox team announced that emulators running in "retail mode" would no longer be legal, and banned all emulators from the Microsoft Store.
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Why did Apple ban emulators?

Apple isn't very clear on its reasoning, but the community believes Apple doesn't allow emulators on its app store because of the likelihood people are using them to play illegally distributed games.
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Are Pokemon 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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Are emulators legal in USA?

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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Is dumping games legal?

Are dumping games legal? 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 PS2 ROMs illegal?

Is Downloading PS2 ROMs Illegal? Yes, it is. However, at least in the USA, people won't get in trouble purely for downloading PS2 ISOs directly, because intent to pirate can't be proven.
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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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What is the difference between ROMs and emulators?

A ROM acts as the video game cartridge for the emulator, which acts as the console.
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Why did Nintendo sue Dolphin?

This emulator illegally circumvents Nintendo's protection measures and runs illegal copies of games. Using illegal emulators or illegal copies of games harms development and ultimately stifles innovation. Nintendo respects the intellectual property rights of other companies, and in turn expects others to do the same.
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Are 3DS emulators legal?

Yes, 3DS emulators are generally legal, but the legality of using emulators to play copyrighted games without original copies can vary by jurisdiction.
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Is Yuzu emulator legal?

Nintendo, the company that makes the Switch, has taken legal action against Yuzu. They claim Yuzu breaks copyright laws by making their games playable without their console. Emulation, the process Yuzu uses to run Switch games on PC, is a hot topic. It's not just about playing games for free.
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