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· The Hunter
17,202 Posts
of course, still if it was stolen from you i still reckon its okay from a personal point of view, but from a law point of view absolutely not.

from my point of view, as long you got the console broken or not, you legally viable to use but when you have to use a bios in an emu it must be your own bios otherwise technically thats stealing (also i hate people complain about their emu issues since they downloaded a corrupted bios, same thing when people complain about their downloaded isos and roms without realising its corrupted)
Correct, though when things are stolen it does get difficult. With games you are allowed to have a backup for such situations, I suppose it's the same for a bios file. Still, they (the other party) could play it in such a way that in this case you may have to prove you once owned it. Which should be easy, since theft should be reported to the police where you will get a confirmation.
its like using dolphin emu to play wii games (when they play bug free that is), is it okay if i buy the game for me to use the emu since it doesnt use the bios of course not, nintendo are still selling the console, its like you robbing nintendo of their sales of the console....
Their loss of sales is irrelevant if you're not doing anything illegal, like the use of copyrighted material (bios) for which you have no permission. This is a moral thing, but law is pretty clear on this. Although the DMCA may be tricky when it comes to reverse engineering.

its the same for the older consoles as well, and before you complain i cant get the console, try ebay, i get all the consoles i could ever want.... still it is not legal to play the emu or use the bios of a console if you sell the console since you sold the use of the console and right (license in a way) to use the emulator
True, unless the emulator uses no bios nor any other copyrighted materials. I don't think a simple user is supposed to know whether or not the emulator was coded with "illegally acquired knowledge" either, which will most likely be the only way to sue the end user for. I don't think he can be held accountable for that, since that would have major legal consequences.
(Intel being able to sue all AMD owners for AMD once having used illegally obtained information to develop their processors, just for example)
in short, no console no emu period, and use your own bios period... by the way thats how the law sees it unless they change it
Unless you use an illegally acquired bios, emulation is completely legal (depending on local law still), as shown in various law cases. Bleem got framed by Sony but in the end emulation was still legal in principle as far as I know. Knifes are legal as well, until you start to perform illegal activities with them ;)

by the way there are bios files for megadrive/genesis, master system, nes, snes and many older systems, its up to the emu auther to use them or not... if you dont believe me, check kega emu, you can choose to use megadrive/genesis, master system and game gear bios

sorry for the long post but purchasing a game on virtual console/or similar system (cant remember xbox 360 calls their system or i am i getting wiis one confused xbox360 one, whatever i hope you know what i mean) doesnt mean you are allowed to use the rom in any emu or give you right to use an emulator based on the game you purchased, all you get is a license to use the rom of the game you purchased only in virtual console/or the similar system... its the law, take it up with nintendo if you prefer to have purchased a license to use their roms on any emu, hey just tell them you have done it already and see their reaction
Depends on how Nintendo presents their service. If they just allow you to download those ROMs for a price, it's yours to do with what you want within local law. So you're most likely not allowed to duplicate it and distribute it. Moving it to a PC to use it elsewhere will legally not be a problem. IF Nintendo's EULA says so, the entire clause is void.

Law > EULA

At least, that's in principle. Remember, being right and having to other party admit you're right doesn't always go hand in hand in a grown up world.
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