Legal Information & Emulation Ethics

Emulators themselves are legal software. This was established in landmark legal cases:

Sony Computer Entertainment v. Connectix Corporation (2000) The 9th Circuit Court ruled that creating an emulator through reverse engineering is protected under fair use. Connectix's Virtual Game Station, which emulated the PlayStation, was deemed legal because it was created through clean-room reverse engineering.

Sega Enterprises v. Accolade, Inc. (1992) This case established that reverse engineering for interoperability purposes is protected fair use. While not specifically about emulation, it set important precedent for the emulation community.

• Emulators are legal tools for running software
• No copyrighted code from the original system is used
• They're created through legal reverse engineering
• Owning and distributing emulator software is legal

The legality of ROM files is more complex than emulators:

Copyrighted Material: Game ROMs contain copyrighted code and assets. Downloading ROMs for games you don't own is generally considered piracy, regardless of whether the game is still being sold.

• You must own the original game
• The backup must be for personal use only
• You cannot distribute or share your backups
• The legality varies by country

Abandonware Myth: Even "abandonware" (games no longer sold) remains protected by copyright for decades. Copyright doesn't expire just because a game is old or unavailable.

Our Position: Emulator Games Wiki does not host, distribute, or link to ROM files. We provide information about emulation as a technology and its legitimate uses.

The Preservation Crisis: Video games face an unprecedented preservation crisis. Unlike books or films, games often require specific hardware to experience, and that hardware degrades over time.

• Games are a legitimate art form and cultural artifact
• Many games are no longer available for purchase
• Original hardware fails and becomes scarce
• Games represent significant technological and artistic achievements
• Future generations should be able to experience gaming history

The Library of Congress Position: The Library of Congress has granted exemptions to the DMCA for preservation purposes, recognizing the cultural importance of video games. Qualified institutions can legally circumvent copy protection for preservation.

• Support official releases and remasters
• Donate to preservation organizations like the Video Game History Foundation
• Advocate for legislative changes to protect game preservation
• Purchase from publishers who support their legacy catalogs

What is ROM Dumping? ROM dumping is the process of extracting game data from physical cartridges or discs to create a digital file.

• You should only dump games you legally own
• Many countries allow backup copies for personal use
• Commercial distribution of dumped ROMs is illegal
• The tools and hardware for dumping are legal to own and use

Preservation Dumping: Some organizations work to create accurate, archival-quality dumps for preservation purposes. These efforts help document gaming history before physical media degrades.

Our Stance: We support the right of individuals to create personal backups of games they legally own. We do not support or encourage piracy or the distribution of copyrighted material.

Games as Cultural Heritage: Video games are increasingly recognized as an important part of our cultural heritage, alongside literature, film, and music.

UNESCO Recognition: Organizations worldwide are beginning to acknowledge the cultural significance of video games. Some games have been preserved in cultural institutions and museums.

• Copyright terms extend far beyond the commercial lifespan of games
• DRM and online requirements make many modern games unpreservable
• Platform holders often don't prioritize preservation
• The gaming industry's history is at risk of being lost

The Future: The intersection of copyright law and cultural preservation continues to evolve. Advocacy for sensible preservation exemptions helps ensure future generations can experience gaming's history.