Oops! Nokia has gotten itself into trouble after releasing a commercial that shows a chap playing NES, SNES and Spectrum games on his mobile phone. The advert boasts about using emulators on Nokia products, with the implication that users can simply download any ROM they like for free, despite the fact it's not always considered strictly legal.
The commercial has been pulled and Nintendo is currently investigating the situation. With the whole legal murkiness surrounding emulation, this is clearly not something Nintendo would want advertised, and Nokia really ought to have known better. Showing a man playing Super Mario World on his cell like it's no big deal is a pretty stupid move.
The smell of lawsuits hangs in the air.
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Contest:
4:40 PM on 11.30.2009
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I can't find the video so I can't tell what's going on.
It's like trying to stop people from doing drugs by making drugs illegal. It doesn't work. People who are going to do drugs are going to do it whether it's legal or not. The same goes for pirating games.
You can buy a device that emulates these games all over the place. You can already add it to almost any phone.
http://www.thinkgeek.com/electronics/retro-gaming/bfc7/
Also I have such a lust for that phone I'll ruin my pants when I'll get my hands on it
Still though, I've been emulating consoles since my NGage, why are they only just pushing this now?
Via ESA http://www.theesa.com/policy/antipiracy_faq.asp#3
"U.S. Copyright laws permit making a "backup" copy of computer programs for archival purposes. However, the right to make backup copies of computer programs for archival purposes, as embodied in 17 U.S.C. Section 117(2), does not in any way authorize the owner of a copy of a video or computer game to post or download a copy of that game to or from the Internet or make such copy available to other people for their use. Section 117(2) only gives the owner of the copy a right to make an archival copy of the actual copy that he/she legally possesses, not to make a copy of the ROM that someone else legally possesses, nor to post an archival copy of his/her original copy for distribution. The law clearly does NOT provide any right to sell "backup" copies. In fact, Section 117 is quite explicit in stating that any archival copy prepared under Section 117(2) can only be transferred to another person if, and only if: A) The original copy is also transferred, and only with the authorization of the copyright owner, and B) The transfer is part of the sale of all rights in the program."
Also Emulators are legal as long as the emulators do not contain the bios and such. I hold there is no problem with the promotion of emulation, but the use of the video game super mario bros.
In fact you have the reason why they allow up on websites and such wrong it doesn't follow any of this legal code. In fact, "Section 117(2) only gives the owner of the copy a right to make an archival copy of the actual copy that he/she legally possesses, not to make a copy of the ROM that someone else legally possesses, nor to post an archival copy of his/her original copy for distribution."
Right there is your flaw. The Emulation is not legal because of this, but because of engineering laws, you can legally test and rework software/hardware for a period of one week (i think) or some such period as part of experimentation and teaching purposes. Most emulation websites will post this up as the reason why it is up, for teaching purposes. If you download a rom or an emulator your expected to delete it within a certain period of time.
However none of these laws make it legal to download the files without the original for extended period of times. Nokia can say they had the file for experimentation if it was filmed in the US, however we really don't even know where this was filmed. It doesn't appear to be a broadcasted advert but a internet advert. So the laws here are iffy.
It is legal to play on a emulator with legally obtained roms. When I say that, I mean backup copies made using specialty equipment.
Also, the 24 hour(or one week as you say) rule is bullshit. Don't fool yourself into believing it.
Also, agreed with GamesAreArt, and (LAWL) at the "one week rule". Walks into Wal-Mart: "It's ok: I can just borrow this TV, Walmart associate: I'll have it back in a week".
The concept sure is, but depending on the machine in question, depending on what encryption algorithms are broken, depending on what software licensing, depending on what national or state/provincial laws are for software licensing are, etc. See, Sony vs. Connectix concerning Sony's copy-protection schema.
It's a really sticky topic, nor should the fine details of the legal battle really bother the average gamer. Sony, Nintendo, or Microsoft is not going to go after YOU specifically if you're engaging in emulation. If you're developing an emulator(which isn't likely to get you in trouble, but it *could*, again, depending on your particular legal situation), but if you're *selling* an emulator, that's a different story all together. Again, see Sony v. Connectix
more likely to buy a wii for new
smb if you played the rom? I mean say I'm wrong.
=D
A ton of those old games are being rereleased on current download services now, so actually, they COULD hold a grudge against you.