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Roms question (not begging, 'law')

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    Roms question (not begging, 'law')

    what's the 411 on Roms, are you allowed to have them if you own an original copy of the game or not? and is this info available anywhere?

    ta.

    #2
    In the simplest terms...

    Berne Convention (of which the UK signed up to) and US copyright law (which is enforced through it) allows you to keep one backup copy of copyrighted software for yourself. You are not allowed to distribute said copy either for profit or for free, not even to people who also own the original.

    Do a google online for this sort of thing as there's plenty of links about...
    Lie with passion and be forever damned...

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      #3
      Mayhem summed up the basics right. If you own the original, you are allowed to make a back-up version. However, you are not allowed to obtain an original from someone else (though in this case it would be the supplier, not you, would be infringing). This is written into the UK law (see section 50A of the Copyright Designs and Patents Act 1988), and it does not matter what it might say in the game's manual.

      Copyright lasts for life of the author plus 70 years, so even the oldest ROMs are still protected -and will be for a long time. However, it is possible for ROM authors to grant open licences, which give anyone the right to use their ROM. In such (rare) cases, anyone can use the ROM regardless of whether they own the original.

      The UK is about to implement a new EC directive on copyright (should have done so already, but it has been delayed). I've only glanced at it, but one of its provisions (Art 6 for any other intellectual property bores out there) seems to ban devices or products used for circumventing copyright. This would mean that any device used to copy a ROM from a cartridge to a PC would not be allowed. As I said though, this is not UK law yet.

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        #4
        so cd/dvd writers will be banned then?

        camps

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          #5
          Well, you can use a pen to circumvent copyright, by copying out a book. I'd assume they mean exclusively used to circumvent copyright. CD/DVD writers can be used to store your personally created material.

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            #6
            Exactly. Tape recorders have been challenged in the courts under current UK law, but are allowed because they have many legit uses.

            Here is the full Directive text (Article 6 is the relevent bit, particularly Art 6.2 and 6.3):
            セックスにつなげやすいエッチな女性が集まる!無料で始められる出会い系サイト・アプリを活用して、女子大生・社会人女性・人妻・美熟女、さまざまな女性にマッチングなしでアプローチできる。


            It seems to apply more to devices specifically for circumventing copyright protection. A ROM maker could argue that the ROM istelf was an "effective technological measure" designed to prevent copying.

            Issues with Article 6 are one of the reasons why this Directive has yet to be implemented. See http://www.patent.gov.uk/copy/notices/copy_direct2.htm

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              #7
              Are you a solicitor soi?

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                #8
                This seems like another nail in the coffin for mod chips, then. ft:

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                  #9
                  Kemps: No, I am not a solicitor. However, I do work in intellectual property, specialising in patent law. I do have to know a bit about copyright though, and I take a particular interest in this sort of stuff because of my gaming hobby.

                  As for mod-chips, the court case involving Sony v Channeltech which happened January 2002 was the nail in the coffin. Channeltech lost and had to close their site (they were the first producers of Messiah mod-chips for the PS2). The Directive is much further reaching than outlawing mod-chips (which require modification of the system, and hence one of Sony's causes for complaint). The directive could extend to Action Replay type devices or boot cds that allow copied games to be played.

                  I don't have to say this but I will: Never take anything written in a web forum as legal advice.

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                    #10
                    I only asked as you seemed to know a fair bit. I studied law at uni, and intellectual property was my favourite subject

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                      #11
                      Originally posted by Mayhem
                      In the simplest terms...

                      Berne Convention (of which the UK signed up to) and US copyright law (which is enforced through it) allows you to keep one backup copy of copyrighted software for yourself. You are not allowed to distribute said copy either for profit or for free, not even to people who also own the original.

                      Do a google online for this sort of thing as there's plenty of links about...
                      Not 100% accurate - it also depends on the license of the software. Most licenses specifically mention backup copies. And if you do have a backup copy you shouldn't be using it at the same time as the original.

                      Neil.

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