Archived from groups: alt.games.mame (
More info?)
Roman Scherzer wrote:
> and before you ask about "3rd". Here it is absolutely allowed to make a
> "private copy of digital data", no matter if the copy is analog or
> digital itself. There are some restrictions about what to do with the
> data of course (not publishing/giving to other persons etc) and what
> you did to get the copy (you can't go to a theatre and get your private
> copy of the latest movie of course). Dumping standard IC data for your
> own purposes is allowed. Removing possible protection devices isn't
> though. The US also thinks about some 'private copy' law since early
> 2002...currently I don't know what's the status on that one. Either
> way...your general statement was incorrect.
>
And I quote as it is easier...
I can imagine the face of many an average user turning red in
frustration right about now, and some might even be spluttering in rage.
"But ... but ... you haven't told us anything! Backups are legal!
The law says so! So what if the emulator has nothing to do with it? I
HAVE THE LEGAL RIGHT TO BACK UP MY GAME CARTS!"
Wrong. Users do not have the right to back up any kind of object
code stored in ROM for any videogame system.
"WHAT?!"
Listen, and listen carefully. Any unauthorized copy of a computer
program, regardless of the original or resultant media, can be
considered a counterfeit copy under federal law. (15 USC 1127, 18 USC
1030). The practice of dumping the videogame cartridges of a home
videogame system by the average user is not justified under the backup
proviso of copyright law (Atari v. JS&A Group, 1983), and this
restriction also covers arcade videogames and any other ROM-derived
formats as well (Tandy v. Personal Micro Computer, 1981). The one
exception for ROM dumping is granted solely to bona fide developers and
their associates (Sega v. Accolade and Nintendo v. Atari, 1992), with
any resultant "intermediate copies" having exactly the same protections
and restrictions as if they were the originals themselves. You, as a
user, do not have the right to dump a piece of computer code stored in
ROM format for use with an emulator, since you are not a developer (Sony
v. Connectix, 2000). Also, this is not considered to be justifiable as
an operational adaptation due to the necessary format change involved
(Mirage v. Alberquerque ART, 1988). What you have produced is a
derivative work, and all such works must be authorized by the copyright
owner in order to be legal (17 USC 106). You cannot use fair use to
justify ROM dumps, since the courts have denied this venue to the
average user due to the illegal nature of the resultant copies (Sega v.
MAPHIA, 1994).
--
MCR
MAME(tm) - History In The Making
www.pleasure-dome.org.uk