Console Theory: Are Emulators and Roms Stealing

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today I wanted to address something that has always come up in my channel as I use emulators and ROM swiped consistently just for the ease and usage of recording set gameplay so every single time I have any type of emulation people will instantly sit there and say holy crap that's illegal you shouldn't do that and I want to talk about the legalities and how things work and why people are simply able to emulate and things like that so the legend is that you can't emulate games that it's illegal you're stealing but I want to ask you a question right now if you buy the set game and you literally purchase the game is it illegal for you to have a backup copy to play on your computer to store because physicalities physical copies do die and there is no warranty on physical NES games and the s games can rot they eat plastic can fade away over time and the chips the computer circuits and the backup batteries can die so how has one supposed to protect their purchase if that stuff happens and ROM dumps are a way of doing that now of course this isn't how people perceive emulation roms a lot of people say ok you're just gonna go to website you're gonna download games that you've never owned we'll see I'm almost 30 which means I've lived through the NES era I've lived through almost every console generation then tend to his hat and subsequently I have owned many of their games at one point I'm now I made the entry level purchase on these games I have acquired their licenses one way or another but it's extremely hard to prove that you haven't at one point in time purchase the set game that you're emulating and it's also extremely hard to prove it so unless you've saved your receipt for the last I want to say probably 20 years let's let's just give it an even 15 here if you haven't saved your receipt for the last 15 years that game you had for the n64 let's say Paper Mario well sorry about your luck but you're pirating it because you never bought it oh but you have the cartridge but that's not proof you purchased them so I want to take a look at the back of an NES cartridge this one specifically just says caution and gives a bunch of warnings about how you shouldn't you know store your NES cartridge and clean it with solvents which also was BS because they were trying to sell their own proprietary cleaning solution when you could just clean it with alcohol generally speaking alcohol works just fine there are guides out there you shouldn't really soak your NES cartridge in alcohol but there are guides that I'll show you how to do it now they do have a patent pending and a made in Japan but I do believe that's for the cartridge and the copyright is pertaining to Nintendo so if you literally pick this game up secondhand shop there is nothing telling you that you could not back this up that you could not create copies of it now obviously you shouldn't create illegal copies and try to sell them for profit but there's nothing on the box telling you that you can't do that and that is the license that is the software so unless it's inside the game somewhere where it tells you you can't do this if you were taken to court by Nintendo for making an illegal copy for this the court would ask you if you were aware that copying such software was a crime and if you were never informed that making a backup copy of it was a crime because you picked it up secondhand then you would not be guilty and I understand ignorant sub law does apply but you were never informed of their rules see how things work here it's very difficult you have to play games I mean we're playing games here but you have to play another game things like games that just don't even make money anymore like I know the Nintendo has an eShop I know that you can buy and you know they sell they're really really good games like they'll sell Metroid Zelda Kid Icarus Mario things like that but there's games out there for the NES that have never been sold or even looked at twice by Nintendo games that Nintendo had no part in so if you were to I don't know let's say pirate a game that was produced by Hudson soft back in the day okay who's going to take you to court for that well it wouldn't be Nintendo because they don't even own the rights to that game Hudson soft just paid the license to get the cartridge and played by Nintendo's rules to get their game on their console back in the day and that's it so it would have to be Hudson soft that would come and take you to court and sue you for making a backup copy no again we're not talking about making copies and distributing them for marketing purposes for profiting purposes we're just talking about making our own backup copies because games fade and this is the argument of historical preservation somewhere there is a giant long haul miles long with every single NES game ever made with every single game ever made it is a library of historical records and it keeps the media that we produce for these things and again historical preservation is huge in my mind so we need to make digital preservation just as huge and we need to get rid of this stigma that playing an old NES game on your Finken pewter is not you being a pirate saying fuck Nintendo I'm not gonna buy their shit what if you want to play a game that just isn't on the eShop I'm fairly certain ducktales isn't on the eShop what if you want to play the NES version of ducktales I mean would you really have to pay these staggering eBay fees Nintendo isn't getting any of that money when you buy a game secondhand Nintendo doesn't profit at all they don't even sell the NES anymore there's a plug-and-play NES that comes out in November but it doesn't have but 30 games on it so what about the other I don't know 670 maybe 570 there's around 600 games on the NES so what about the rest of them I mean it's it's a good question right so piracy isn't as illegal as you think no I wouldn't say to go and start putting your rums up for download and saying hey guys come over here get this round and download it for absolutely free because that's just dumb you're just inviting problems into your life but there are websites like cool ROM and mu paradise and the host drums for you to download and there are games that can be fixed by doing this there are games that are that were never produced there was an SNES prototype of Rayman that never came out there was Star Fox 2 that never came out and if you didn't emulate these you would never be able to play them officially ever unless someone literally took them from the digital universe known as the internet and downloaded them into a cartridge and assigned them a ROM chip and then physically gave it to you to play on the device but your computer can also enhance things too so for example when you're playing Metroid Prime and you're playing it on the original consoles you couldn't really get up to 480p unless you had a very special cable now again if you're playing the collection on the Wii cool you can get up to 480p but if you you want to play it on its original intended hardware with a controller and not you know waggle and joystick Wiimote you would have to settle for 360 360 P resolution and in this day and age black bars on the side of your screen no widescreen support really and just not that good of resolution compress down it's not really the ideal way to play Metroid Prime but on a computer you can force sixteen by nine you can turn it up to 1920 by 1080 you can turn on anti-aliasing you can turn on more graphical effects you can play the game at 60 frames a second beautiful it's nice it's amazing that you can revive these old games and have a reason more so to play through them other than nostalgia and it looks great and then you can fix glitches you can toy around with these games and ways that you've never done before so emulators are extremely helpful and again the same case can be presented with emulators when's the last time you've seen a Virtual Boy for sale can you go to your local Walmart and buy one no of course not so how would you attain one okay you would have to buy it secondhand again Nintendo doesn't make any money from your secondhand purchases so why would they give a shit if you're emulating the fucking Virtual Boy seriously there are people out there who think these individuals are criminals they think oh my god you are stealing stealing from whom if you took the games that Nintendo makes literally no money off of and just played them on your own personal computer no one's losing money not Nintendo not people who even resell them because would you honestly be able to ever afford how many games you're going to be downloading and playing on your machine would you ever be able to afford the full 680 a sign up probably not so you probably would never be able to buy them and so ladies gentlemen you can look up the ins and outs of the law honestly feel free to I could always be wrong I'm not a lawyer but this is what I have come to learn and understand through my travels of the internet now again if you think it's too illegal for you too crazy for you to emulate games and don't do it but other than that you really shouldn't be bothered by it I would strongly suggest that you do buy the games that are available on the shop expensive as they may be they are still Nintendo's property and they're still for sale you can still purchase them so you can't make the excuse of that they're not available and it once you buy them and you buy them digitally then you have it forever and you can prove that and you can easily just emulate it on any other machine without having a guilty conscience but that's just me you know far be it for me to demand that you buy $200 Earthbound SNES cartridge just because I mean a emulation is bad right well anyways Lee Sherman I've been your host Pro tomorrow and I'm signing out as always good gaming and god bless thanks for watching my video and making it to the end and would you please 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