Here is a Article that pretty much covers the illegal concerns for downloading ROM's
So i will be using it as a reference point for the topic I'll be covering today.
DISCLAIMER: I AM NOT AN ATTORNEY - What i write from hereon is a opinion and not to be taken seriously. Take it with a grain of salt.
Aside from the fact of where you live, the courts work in most cases (at least where i live anyway in the USA) everything is based on justifiable cause and proven beyond reason of a doubt if you are able to get a competent judge and/or jury. The justice system has to be blind but have enough common sense to be fair, hence why everything has to be justifiable and proven beyond reasonable doubt.
Some would say you have better odds of defending your self in court if you have enough common sense to be able to give a statement to the court of reason why or why not in your own words (and honestly) where unlike a lawyer is a professional liar and word manipulator of the law its self. (in some cases can be a good thing) but the bottom line is: Proof, Justifiable Cause & Beyond reason of a doubt.
What does this all mean for people wanting to play ROM's?
Well as a person that believes in supporting by buying the game but not to be a fool to over pay for the same game on a new system with a game of its original counter part of same said graphics and such. I believe in both. I believe ROMs are justifiable in the sense that if X Company did not want the game to be a digital download they would still offer a remake of X system and support for ancient old said X system. However as things age and the cash cow drys up for it, they drop support. X years later then they re-release the game (example any NES game) at $10 US Dollars a pop. When most likely for a game so old, it should only be worth $0.99 US Cents. So when considering fair pricing under consumer law, X Company gets away with breaking such US Law because of X whatever reason. (Fill in "X" with any company or game or county/state you live in & reason to you that is justifiable on their behalf)
I'm not trying to slander any company but I will make it clear I do strongly disagree with how they do price ancient tech on modern systems. In a way its a scam but at the same time I understand they have to make a buck too but if let's say they did make 15 billion that year for said game, then the game its self has already paid for its creation and the time spent by said men and women in credits to making said game more or less in the cash flow life span of X game. So whats wrong with having a copy? Some people are careful not to break their CD's and others are not so much. What is better to do, get ripped off by cheap quality plastic of a CD by having to re-buy said game or to have a self copy so YOU as the consumer don't get ripped off again and again and again. What if you are disabled and you can't help it if you mistakenly run over your CD games with your wheel chair? This would be a Company at fault for making such cheap plastic that you can't roll over it but ripping off and taking advantage of the disabled that would have to re-buy the game again due to their disability that may or may not have been caused by the individual. (I.e. Getting hit by a car that made you wheel chair bound)
So is it fair? Common sense would say no on the fact of X Company making such cheap plastic but then that leads to the disabled person should be more careful. Sure if every disabled person could afford a Personal Care Assistant (PCA). So as you can see there is the justifiable PROS & CONS of the coin and because of this, ROM's are fine in the justifiable sense that ANY COMPANY should not be allowed to rip off the consumer for as many years they have been regardless of if its replacing our favorite game or being unable to play said game because X Company dropped support for X System. In reality if X Company does not drop support of X system there would be no need to try to resell the game on a newer system and what the game makes as being re-sold on newer systems, X Company in theory could of made x30 times more in maint. and repair fees for older systems than what the game makes now being resold as a classic on a modern system. Fact is not everybody can maint/self repair older systems for whatever reason.
So yes ROM's are fine in justifiable sense to own and play on any desirable system if it be PC or hand held device of any kind in my opinion. Also in like 100+ years from now X Company will most likely not have a archive for that game where ROM sites will and future generations will be able to take a trip to the past virtually and see what made video games what they are today as a popular form of entertainment for their time. We as a gamer community in my opinion honor the creators and devs of X game by archiving it as a ROM to ensure their creation lasts for as long as the internet its self will last and the websites that keep archiving and holding on to ROM's or any newer version of such (ISO's, BIN's, CUE's)
But the website offering them for free makes money from it by running AD's!
Not true. If people in the world would just donate to their fav. website to help cover hosting costs for the domain, server space, bandwidth and over charge on bandwidth if they go over X Limit then there would be no need for AD's. Are you willing to give your money away? Most of you are like me and most likely can not afford to be giving money away like its going out of style. For those whom pull in the cash and bring home a check of 5k+ a month are not usually on the internet downloading ROMs and not giving to websites that need the community support to stay around. They can afford to keep replacing or whatever it is they choose to do with their money. Not saying ROMs are for poor people but I am saying the websites that do host the files need the AD's to keep the website going. No i am not saying it because i own said website for because I don't. I am saying it because X Company will try to say that X Site is making money off by offering X games for free by running AD's. That's not a justifiable cause when X Company knows it to be true because some X Company do host their own servers but need to pay the bills like everybody else. That defense is old and no longer a relevant justifiable cause when there are other reasons that show beyond reason of a doubt that any such accusations don't have any merit to them whats so ever to even begin to hold justifiable cause.
Its STILL Illegal to own any form of ROM
It is, but keep in mind that most laws are worded so broadly and out of date that is why the justice system has to take in to consideration justifiable reason & cause and not just follow whatever X law says. Laws are just guidelines for the courts to have something to follow but not a easy set in stone choice. If this was true then there be no need for lawyers or judges. It be ran by robots, punch in such law, scan in proof, closed case.
What are the courts going to do when a 8yr old has a ROM on any device they carry to play, let it slide because its just a kid or punish that kid and throwing them in jail because X Company wants to enforce zero tolerance? Either way no PR Department will be able to fend off the public outrage no matter what way it goes hence why its a law you honestly do not see enforced by actual local law enforcement agencies of any kind if be local police to the feds, they got pirated movies to worry about "huehuehue" *trollface here* but that's a subject for another time.
The point is, if X company did the right thing by this consumer, there be no need for ROM's in the first place other than to honor only the creators and devs of the game for creating such a great classic and all of us would pay actual cash no problem to forever own our fav. games..
It should be ILLEGAL to rip off the consumer more by re-releasing the old game that X Consumer paid full price for ages ago on a new system and over charge by 9.01. Where is the justice system now with its common sense? letting the consumer take it up the rear end with no vassline.
So i say keep downloading those ROM's in form of peaceful protest and that maybe one day we'll get a fair trial. I hope to god they catch that kid. What a riot that will be. Both the legal system and X Company will have no good ending from it.
