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this post was submitted on 23 Jun 2025
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Games
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How long till Nintendo files.
I'm not sure they can in this instance. The reason they could sue the Switch emulator team was because they were using a proprietary encryption key.
I don't think the NES had that, and as long as you own the game, emulation is legal.
Also, this might be considered transformative use since the devs have to create the 3D profile by hand.
People say this, but I believe it is mostly technically untrue. It'd be a relatively easy argument to say that a downloaded ROM that isn't exactly the digital copy YOU purchased with a license would be seen as not legal.
However some people talk about literally ripping the game off the physical device themselves, hence copying their own copy of it. Now you are in grey territory of making copies of copyrighted materials, and in the case of more modern games like the last decade, they almost assuredly have language that specifies you don't actually own the code and all that.
All I'm saying is be careful and probably refrain from repeating the fallacy that owning a game makes emulation of it legal, because that implies having the ROM is legal and that's doubtful.
The emulation itself is legal, assuming you’re not using any copyrighted code, BIOS, etc. to make work.
The backup copy of your game that you need can be made legally as well, but in the USA, if the source contains a form of DRM, then you cannot legally make a copy.
https://www.law.cornell.edu/uscode/text/17/1201