A common online argument is that extracting a ROM from a cartridge you own is completely legal, but downloading ROMs from the internet is a crime. Devices like the $60 Retrode allow anyone to rip a Super Nintendo or Sega Genesis game via USB and cite their legality via downloads as a major selling point. Finally, ripping a CD you own with iTunes or other software is generally considered legal, at least in the United States. „Once you`ve distributed a ROM, most people who download it probably don`t have legal copies of the game,“ Bambauer said. „Then it`s damage to the market because Nintendo should be able to sell to these people.“ Downloading and using emulators is legal, but sharing copyrighted ROMs online is illegal. There is no legal precedent for ripping and downloading ROMs for games you own, although a fair dealing argument can be made. But is there a legal defense? Maybe if you already own a Super Mario World cartridge. Then, according to Bambauer, you could fall under fair use. „For one, there is no amount of money I can use to get a legal copy of this game,“ Bambauer said. „On the other side of the argument, there`s what Disney does.“ Disney`s strategy is to put classic movies „in the safe“ for longer periods of time.

Instead of constantly releasing movies on the market, they re-release them regularly, which increases demand and increases sales when that release actually happens. There`s nothing like reliving your childhood with your favorite retro games, but are emulators and ROMs legal? The internet will give you many answers, but we spoke with a lawyer to get a more definitive answer. You`re probably starting to see a trend here. ROMs are such a gray area because there are potential legal defenses on both sides – but no one has really tested these arguments before. Bambauer could not cite any specific case law on video game ROMs and mainly extrapolated only from other areas of copyright law on the Internet. But while there`s no specific precedent for games, it does exist in other markets. „In the music industry, everyone accepts that moving space is legal,“ notes Bambauer. You can see where it gets complicated. Downloading a copy of a game you already own, or creating a digital copy by throwing a cassette or disc of a game into your collection, is a gray area at best. For example, in the United States, making a digital copy of a game you already own and for your own use should be fair dealing.

In contrast, a country like Australia has no equivalent of fair dealing in its books. Therefore, the legality of such behavior largely depends on where you are in the world. If you`re someone who wants to revisit the past and nurture and experience your nostalgia with the era of button squashing and accurate platforming, you might be tempted to create your own retro gaming setup. This can be done in several ways. You can use your PC to run emulators, or you can use a single-board computer like the Raspberry Pi to run RetroPie or Recalbox. The only problem you face is where do you get your hands on the games (legally)? Emulators are usually completely free and are generally considered legal in most places. However, the situation is different when it comes to video game ROMs. Note: Modifying a ROM may be illegal in your region. This can be uncomfortable, as many older games are not available on modern consoles. Also, finding an original copy of a game can be time-consuming and too expensive. The chances of you getting into legal trouble are slim, but there are cases where big companies like Nintendo are suing people who distribute copyrighted ROMs.

We don`t tolerate software piracy, so we`ve compiled a list of websites where you can get your hands on legal ROMs to start your retro digital game collection. Alternatively, you can also buy some of the retro games from these sites. However, if one thing is clear, it`s this: if you don`t have a legal copy of a game, you don`t have the right to download it (yes, even if you delete it after 24 hours, or other nonsense). Of course, this argument assumes that the game actually exists on multiple platforms.