Pirating has become so popular nowadays; I mean everybody is doing it! Although many people know its illegal there are many people who aren’t quite sure of the legality of copying games, especially older games. The fact is that there are companies and websites out there willing to help you modify your game console by selling you mod-chips or create emulators to help you play old games. I’m certainly not a lawyer, I don’t have all the answers but I’ve done some research and hopefully I can better inform you and possibly keep you out of trouble.
Every once in a while I get questions from people asking if copying Wii games are legal? Or how can I make a backup copy of a Wii game? Sometimes the questions are much more forward, I want to make a copy of a Wii game, Can you help? I want to copy Wii Games!?!?
So let’s start with some basics. Copying of any game and sharing the game with another person is illegal. You can make a copy of a game for personal back up but the manufacturer, in this case Nintendo, does not need to make available the technology to play the game or instructions on how to copy the game.
Downloading a game (ROM) from the internet and playing it through a Video Game Emulator, regardless of whether you own an authentic copy is illegal. What is an Emulator? Basically its software written by someone that allows your game to work on a platform other than it was originally intended.
Many times these ROM’s (Read Only Memory, the software in the game cartridges and CD/DVD’s) are copied using game copying devices. Guess what.. Yup, these devices are also illegal because they give you the possibility to violate copyright laws.
So let’s say you have a very old game that is no longer distributed. You may think that the game is now public domain and can be used through emulators but in reality you need to follow copyright laws. Copyright laws state that a game is under protection for 75 years. Since the oldest games are only 30+ years old ALL games are still under copyright protection.
The use of mod-chips automatically void warranties and Nintendo is pretty strict about going after companies that try to manufacture these especially when they claim to lose over $700 million yearly. It is also illegal to have a website that links information on pirating of games.
Basically if you have to ask whether or not it’s illegal to copy video games, err on the side of caution and assume that it is. Hopefully I’ve saved one person from having to pay a hefty fine.
October 7th, 2008 - 3:37 pm
It is legal to make one backup copy of every game that you “own”. This is according to the Fair Use Act. If you doubt me just go and look it up.
I have been doing this since the days of the PS1. Making and playing copied games is nothing new. However it is definetally getting easier.
December 8th, 2008 - 3:18 pm
I think its funny how people get on the internet and read articles on the legitimacy of creating backup games. Some say its illegal, some say its legal. I’m a person who thinks and knows its legal to create backup games of any game you own. To back this up, here’s an excerpt from the copyright act:
(a) Making of Additional Copy or Adaptation by Owner of Copy.— Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.— Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
(c) Machine Maintenance or Repair.— Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if—
(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.
(d) Definitions.— For purposes of this section—
(1) the “maintenance” of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and
(2) the “repair” of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.
A company, under this act, cannot rightfully say its illegal to create backups of games that people own. If they do, most likely they are just trying to scare people so that those who misuse the abilities of creating backups to play pirated games they didn’t pay for don’t do it.