Yes, it is actually illegal to download ROMs right here in the United States. While on a personal level, you can get away with it, but in case you decide to go on a sharing spree with that, then no doubt, there can be legal action taken against you. And that’s not even an imaginary situation, this has happened to a few out there. So, just in case you want to stay on the legal side, then just keep on reading.
What Are ROMs, Exactly?
Maybe you don’t know much about it, well, especially if you have only seen those digital games that you can play directly on some platform. Put simply, a ROM is the digital version of the video game, which was originally packed into a cartridge or a disc. Only with an emulator and a ROM, your PC or phone is by all means a classic console like Nintendo, Sega, PlayStation, and so on.
Emulators on their own have no illegality attached to them. They are free for anyone to download and utilize without any trouble whatsoever. The legal issue arises with the ROM files. This is the point where things get complicated.
Why Do People Download ROMs?
See, it is true that people usually have different motives when they are in search of ROMs. Some may want to refresh their memories of the past, while others are interested in games that are no longer available for sale anywhere. Fans downloading ROMs to save rare or region-exclusive games is another example. Additionally, some people develop fan translations or mods so that more players will be able to experience older titles.
Surely, while such arguments may come across as innocent, the reality is that copyright laws do not operate in that manner. It is illegal to download a game for free just because it is old or difficult to find.
The Simple Legal Answer in the United States
In the United States, it is against the law to download or share ROMs of games that you do not own. Plain and simple! Video games fall under copyright protection, and this protection can last for many years. So, basically, if you want to make a copy or get a copy, you must have permission from the copyright holder.
Nintendo is often used as an example of such a company. They make it an absolutely illegal thing to do, and they’re not even joking, like just recently they sued two ROM sites in 2018 and received a judgment for over $12M in damages. That lawsuit has put their stance beyond any doubt.
Does Owning the Original Game Make It Legal?
This is the major source of confusion for many people. Some think that having the original cartridge or disc hardware entitles them to download the ROM of the game, as a backup. Similarly, some compare it to ripping a music CD, which is considered permissible.
Nevertheless, no court in the US has issued a judgment that downloading ROMs of the games that you own is legal. Therefore, even if it seems fair, you are still on the wrong side of the law, and there is no legal protection for such actions.
Is Making Your Own ROM Legal?
One can get data from a game cartridge straight to a computer with a special device. That can be done, and such an operation is usually referred to as dumping or ripping.
The legal situation is quite ambiguous here as well. Essentially, you are producing a digital copy of copyrighted material, that’s all! People who have made personal backups of games they own have not been sued, but the practice has never been officially confirmed as legal. So we can’t say for sure, actually!
