Author Topic: Is it illegal to download games you already own?  (Read 7088 times)

Is it illegal to download games you already own?
« on: June 09, 2016, 08:01:24 pm »
Is it illegal to download games you already own? For example, I own Super Smash Bros Brawl. Now I want to try out Project M, but my Wii isn't modded, so I can't install it, nor can I make a copy of the game to use with Dolphin Emulator. Is it illegal to download an .iso of SSBB in this case to use with Dolphin? I get that it's automatically illegal to torrent it, seeing how that would automatically cause you to seed, and even the tiniest amount of seeding is technically uploading, and thus illegal. But what if I were to download an .iso of the game without any form of uploading on my part?

In my personal opinion it's okay to download a ROM of a game if you already own the game. I bought the game, I paid for it, so if I want to mod around with it or back my games up to an R4 for example, then I don't see the issue with downloading a ROM. I want to be clear, I'm absolutely against any form of piracy. I believe you should pay for music, movies, games, etcetera. People worked on those products, and they deserve to get the monetization from it. But downloading content you already own is a very fishy area, so I thought I'd ask your opinion.
« Last Edit: June 09, 2016, 08:03:58 pm by realpoketendonl »
Huge Nintendo fan and hobbyist Nintendo collector.



mrfoxhound

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #1 on: June 09, 2016, 08:12:07 pm »
If you paid for the game and own it then I don't see anything wrong with downloading a ROM of it. However, it would probably be more legal to create your own ROM from your own copy if that makes any sense.

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karyann

Re: Is it illegal to download games you already own?
« Reply #2 on: June 09, 2016, 08:15:16 pm »
There's a lot of information and misinformation running around, here's what a quick googling gives me (from Nintendo's website):

Quote
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.


Either way, "Legally" is a question with a different answer from country to country.

redblaze57

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #3 on: June 09, 2016, 08:21:47 pm »
Actually there is a version of project M for unmodified wiis. But I thought the project got cancelled a while back?

Re: Is it illegal to download games you already own?
« Reply #4 on: June 09, 2016, 10:20:42 pm »
you don't need to mod your console to play project M.

redblaze57

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #5 on: June 09, 2016, 10:26:06 pm »
it's only Illegal if you get caught

Re: Is it illegal to download games you already own?
« Reply #6 on: June 10, 2016, 07:19:38 am »
So yeah, it's illegal to download a game even if you already own it, however, it is legal to make a copy of it strictly for your private use.

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burningdoom

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #7 on: June 10, 2016, 12:41:48 pm »
So yeah, it's illegal to download a game even if you already own it, however, it is legal to make a copy of it strictly for your private use.

But it's not as easy as it used to be with VHSes and cassette tapes. You can't just bump something over anymore. Downloading a copy from some seedy torrent site is often the easiest way to get a copy, unfortunately. Laws change with changing technology, and I think it's about about time we revisited these laws.

doafan

Re: Is it illegal to download games you already own?
« Reply #8 on: June 10, 2016, 01:10:56 pm »
it's only Illegal if you get caught

You got a point here but in my city is very common to see people selling copies and even when the police know who they are they don't do anything  :-X

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burningdoom

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #9 on: June 10, 2016, 01:33:46 pm »
it's only Illegal if you get caught

You got a point here but in my city is very common to see people selling copies and even when the police know who they are they don't do anything  :-X

FCC will be the ones to get you.

I had a guy here in town that modded systems and put game ROMs on people's systems for them, as well as burned copies of games for them. (He modded my original XBox and put the region-free chip in my Saturn for me.)

He got hit with a $4,000 fine by the FCC and they made his internet company monitor his data usage and choke it if he went over a certain amount.

doafan

Re: Is it illegal to download games you already own?
« Reply #10 on: June 10, 2016, 01:37:44 pm »
FCC will be the ones to get you.

Does they have jurisdiction in Mexico too ?  :-\

I don't want to be horny anymore, I just want to be happy



burningdoom

PRO Supporter

Re: Is it illegal to download games you already own?
« Reply #11 on: June 10, 2016, 01:41:14 pm »
FCC will be the ones to get you.

Does they have jurisdiction in Mexico too ?  :-\

Well, no, because it's federal. I have no idea if Mexico has something similar.

doafan

Re: Is it illegal to download games you already own?
« Reply #12 on: June 10, 2016, 01:55:42 pm »
I have no idea if Mexico has something similar.

I highly doubt it also if we have something similar guess that nobody cares cause they even sell illegal copies in federal places, nobody here respects the authority and that's because we have an asshole for president  :-X

I don't want to be horny anymore, I just want to be happy



gf78

Re: Is it illegal to download games you already own?
« Reply #13 on: June 10, 2016, 03:26:20 pm »
Nintendo can say whatever they want.  If it is legal to have a "backup" of a game, they have no way of knowing the method you utilized to obtain the backup nor should it matter as long as you are not distributing it.  If I want to download a ROM for my NES Super Mario Bros/Duck Hunt combo cart that I legitimately own, Nintendo can butt out and kiss my ass.

Look, I'm a firm believer in paying for the things you want.  I don't steal/bootleg music, movies, games or any other media.  If I want a CD, I buy it.  If I want a new movie, I buy it.  Same for comics, magazines, books....everything.  So that is my stance on pirating.  I don't do it.  But I don't consider downloading a ROM file for something you already own to be a crime or unethical. 
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rayne315

Re: Is it illegal to download games you already own?
« Reply #14 on: June 13, 2016, 05:20:31 pm »
Nintendo can say whatever they want.  If it is legal to have a "backup" of a game, they have no way of knowing the method you utilized to obtain the backup nor should it matter as long as you are not distributing it.  If I want to download a ROM for my NES Super Mario Bros/Duck Hunt combo cart that I legitimately own, Nintendo can butt out and kiss my ass.

Look, I'm a firm believer in paying for the things you want.  I don't steal/bootleg music, movies, games or any other media.  If I want a CD, I buy it.  If I want a new movie, I buy it.  Same for comics, magazines, books....everything.  So that is my stance on pirating.  I don't do it.  But I don't consider downloading a ROM file for something you already own to be a crime or unethical.

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