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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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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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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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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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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Emulators and Roms are they LEGAL?

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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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 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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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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Is it illegal to emulate games you own?

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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Is it illegal to download ROMs off the Internet?

When you download a game that someone else has bought and made a copy of, you haven't paid for the rights of owning a copy. Isn't downloading retro game ROMs and using emulators to play them illegal in the United States? Downloading copyrighted material without authorization is illegal.
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Why are ROMs not illegal?

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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Is emulating the same as pirating?

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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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 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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What's the punishment for illegally downloading software?

Copyright infringement may result in criminal penalties including a short jail sentence, criminal fines, or both. These criminal fines may be hundreds or thousands of dollars. In addition to state or federal criminal penalties, the owner of a copyright may also be able to file a civil lawsuit against the infringer.
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Why is Nintendo against emulation?

Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.
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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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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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Is it illegal to stream ROMs?

unless the game was classified as “abandonware” then your possession of the rom is illegal, unless you own a copy of the game itself in which case you may be able to claim your rom is just a backup copy you use to prevent damaging the original. broadcasting it for profit would be a seriously stupid thing to do.
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Are fan games illegal?

Some companies shut down fan games as copyright infringements. Original copyright holders can order a cease and desist upon fan game projects, as by definition fan games are unauthorized uses of copyrighted property. Many fan games go as far as taking music and graphics directly from the original games.
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Is it safe to download ROMs?

While ROMs are legal to download if you own the original game, there are risks associated with downloading ROMs from unsafe sites. Malware and viruses can easily hide within ROM files downloaded from shady sites.
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Is piracy ever prosecuted?

Criminal procedure can be hard to navigate when it comes to this offense. And federal criminal charges related to piracy can be very severe. Such criminal charges take the shape of felonies that can tarnish a criminal record in debilitating ways. Piracy charges can also lead to life in prison.
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Are custom ROMs 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.
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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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