Alpha Posted May 16, 2004 Share Posted May 16, 2004 So, are you trying to say that it is MORE illegal to sell roms for profit rather than give them away at expense price? Remember, having, selling, and distrbuting roms in any was shape or form is illegal.Yes we are, but at your second 2nd comment, only then 30-40% of roms would be illegal, since the ones that are not supported anymore which you can see K'dash's response a post above yours that it becomes freeware which is aloud to be distributed. When your selling freeware, that can put you in jail and is 10x more illegal, it's even another 10x more illegal selling roms that are even still supported by the others, you'd then get sued right off the bat which you would anyways. EDIT: The only reason why Paul is keeping this up is because he is most likely using the word "donation" as a scheme to pull this off which I have seen countless amount of times. Link to comment Share on other sites More sharing options...
Wizard Posted May 16, 2004 Share Posted May 16, 2004 (edited) Distrbuting roms of games that are no longer in production by an offical publisher is legal. Distrbuting roms of newer games that are still in production be it on the original system or a newer one is illegal according to the DMCA. Edited May 16, 2004 by K`dash Link to comment Share on other sites More sharing options...
miskie Posted May 16, 2004 Share Posted May 16, 2004 Its brought to my attention that the question of using Torrents for the bigger files came up and the owner isnt willing at this time to do so. ************* Id say this looks rather suspicious.. Why ?? Well, if the site is providing a service and is only looking for donations to cover bandwidth, they should welcome torrents. The way BitTorrent works is to decentralize the distribution of a file, so, after a number of seeders for that torrent latch on, there would be minimal Bandwith drain from the originating torrent if any at all. This bothers me.. It bothers me in that it seem to contradict the reason for donations in the first place, and with any torrent it is very difficult to control how its spread, so Blah would lose control of those big files for download, and lose the incentive to get people to donate. IMO, If Blah is not looking to profit from the sale of Roms, they should show it by getting some torrents up.. it will lessen their dependance on bandwith, and make it more obvious that making money isnt their intention. Again, Im not trying to dictate what they should do, I could care less. but, Im just commenting on what I see. Link to comment Share on other sites More sharing options...
miskie Posted May 16, 2004 Share Posted May 16, 2004 Distrbuting roms of games that are no longer in production by an offical publisher is legal. Distrbuting roms of newer games that are still in production be it on the original system or a newer one is illegal according to the DMCA.wrong. Distributing ROMs by means other than the original hardware for unproduced unsupported hardware is legal if the person who downloads it either has permission from the copyright owner, has the original hardware, or after the copyright expired and 50 years has passed nobody steped forward to claim rights to that work and reinstate that copyright. about a year ago it was reported incorrectly that roms are okay and can be traded freely, but that was plain wrong and retracted a day or two later, but people being the way they are hang on to only what they want to hear. Link to comment Share on other sites More sharing options...
TBMonkey Posted May 16, 2004 Share Posted May 16, 2004 Torrents are hideous to upkeep, unreliable in the longterm, and are actually a security breech for many people. I got busted for using a torrent . Paul never was interested in torrents in the first place. Also, I never said that Blah wasn't in it for profit. They are. They're a buisness. You all must think that he's under some sort of webmaster obigation to put forth a lot of his effort, time, and investment with no hope of compensation. Link to comment Share on other sites More sharing options...
Agozer Posted May 16, 2004 Share Posted May 16, 2004 Also, the 24-hour rule that some rom sites still put up in big letters ("you must delete the ROM image from your harddrive within 24 hours...) is complete BS. Link to comment Share on other sites More sharing options...
miskie Posted May 16, 2004 Share Posted May 16, 2004 okay.. the question of seeding a torrent came up, and its true that tracking a torrent uses bandwith, but honestly very, very little, as compared to distributing an.ISO all by yourself to the world. Id figure Id add that in to stop any confusion. Link to comment Share on other sites More sharing options...
Wizard Posted May 16, 2004 Share Posted May 16, 2004 Distrbuting roms of games that are no longer in production by an offical publisher is legal. Distrbuting roms of newer games that are still in production be it on the original system or a newer one is illegal according to the DMCA.wrong. Distributing ROMs by means other than the original hardware for unproduced unsupported hardware is legal if the person who downloads it either has permission from the copyright owner, has the original hardware, or after the copyright expired and 50 years has passed nobody steped forward to claim rights to that work and reinstate that copyright. about a year ago it was reported incorrectly that roms are okay and can be traded freely, but that was plain wrong and retracted a day or two later, but people being the way they are hang on to only what they want to hear. I once i heard most roms were legal, I jumped for joy. I didn't hear about the retrackmeant though :/ Link to comment Share on other sites More sharing options...
miskie Posted May 16, 2004 Share Posted May 16, 2004 Torrents are hideous to upkeep, unreliable in the longterm, and are actually a security breech for many people. I got busted for using a torrent . Paul never was interested in torrents in the first place. Also, I never said that Blah wasn't in it for profit. They are. They're a buisness. You all must think that he's under some sort of webmaster obigation to put forth a lot of his effort, time, and investment with no hope of compensation.So, like I said, its a control issue.. And, if he is in it for Profit, then sooner or later he is gonna get nailed to the wall for it. Distributing any forged/reproduced without permission/etc. copyrighted material for profit is illegal. plain and simple. Link to comment Share on other sites More sharing options...
TBMonkey Posted May 16, 2004 Share Posted May 16, 2004 (edited) We can safely say this: If a video game requires hardware that is not readily accessible by both discontinuation on the manufacturer's part and through resellers, then the game is exempt from the DMCA. However I do believe that this won't count in Edgeemu's case, considering they have games for systems that are readily available. Along with most emulation sites, it is all still illegal. Distributing any forged/reproduced without permission/etc. copyrighted material for profit is illegal. plain and simple. Selling vs Giving away is not a consideration, the DMCA only looks at the infringement, not circumstances behind it. Edited May 16, 2004 by TBMonkey Link to comment Share on other sites More sharing options...
Wizard Posted May 16, 2004 Share Posted May 16, 2004 The way I consider the way the DMCA was wirtten is as shotty like chinese characters on wet paper. Link to comment Share on other sites More sharing options...
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