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Author Topic: Is it legal to download roms if I have bought them on virtual console?  (Read 1764 times)

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Offline Urusei0Yatsura

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I know its legal to download roms if you have bought a copy of the game but does this apply to virtual console on the Wii?
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Offline janus

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Re: Is it legal to download roms if I have bought them on virtual console?
« Reply #1 on: February 21, 2011, 07:44:32 AM »

Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?

There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

obtaining a copy from a illegitimate source it only means no revenue for the company thus illegal. This a broad controversial topic that has been going on for years. It kinda sucks with Virtual console games on the Wii because all games can't be transferred or copied to another console, So all  software is chained to its Console and sinks with the ship if your Wii Dies. Unlike the PlayStation Store where you keep your downloads attached to an account instead of the console, and can download the content on 5 different consoles at a time.

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Offline ezikialrage

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Depending on who you ask its legal to make a back up copy of a game that you own as long as it does not leave your house and you destroy it once the original is gone.  There may be legal differences between making a copy and downloading a copy,but I am not sure they can prove you obtained a copy instead of making your own copy and there may be legal restrictions of programs and or devices that circumvent copy protection.

Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.

Under section 117, you or someone you authorize may make a copy of an original computer program if:

    the new copy is being made for archival (i.e., backup) purposes only;
    you are the legal owner of the copy; and
    any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
« Last Edit: April 24, 2011, 05:43:07 AM by ezikialrage »


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