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  1. #11
    A li'l bit different Squall7's Avatar
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    Quote Originally Posted by Ridewithme38
    This is good information Squall...but it kind of makes my point better then yours...you just highlighted the wrong section..first off this is asking about roms and says its illegal to download and play roms from the internet...none of which i will be doing....

    Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?

    There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

    Now let me Explain what "The Backup/archival copy exception" is
    This Exception States Exactly what this paragraph that your posted says it states...Copying/backing up a Game is ONLY legal if you are the rightful owner of the game and you are only doing so in the event that the original game may be damaged or destroyed...

    So in other words...according to what you posted what i want to do is completely legal
    Copyrights

    A copyright is an exclusive right granted to an author of a literary, musical, audiovisual or artistic work, giving the author the sole right to reproduce and distribute that work. There are several different types of copyrights which are associated with Nintendo's products. These include various copyrights in Nintendo's software source code, executable code, game visual display, game music, game characters, product packaging, game manuals and labels; hardware chip microcode; artwork and publications.
    You do not own the intellectual rights to the game, as you are not the author (unless you're doing homebrewing, in which case you are). Therefore what I posted still stands. Also,
    Can Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

    Yes. Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.
    Is the reason why you're not allowed to ask for links to those sorts of things.


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  2. #12
    Guru of everything Ninty wezeles's Avatar
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    backup copies of your own software is not illegal... but with alot of the new copyright laws you must contact the person who owns the copyright to the information in order to make a copy of what you already purchased... so if you call up nintendo and they say its cool, go for it there are programs out that will let you copy... but depending on how its worded you do risk breaking the law if you copy information you own without permission first... when it comes to purchased information,games,movies,cd's they must give you the option to back it up or replace it if damaged... you are paying more or less for the information not the dvd or cd

    they are gonna give you probably one of two options... you can make a legall copy for only yourself,or they will replace it if damaged... really i would prefer if they replaced it so you get a copy of original software and not just some black disk you copy yourself... that way if you ever decide to trade or sell the game there will not be any questions about it... and when it comes to
    3rd party games you would need permission not only from nintendo but the people that license the product to nintendo...

  3. #13
    WiiChat Member Ridewithme38's Avatar
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    Ok...That is what a copyright is...Since this thread is getting long I just want to ask a couple question that way us fighting back and forth will end

    Why is it ok to tape show off of the television or music off the Radio?
    Wouldn't the copyright rule hold in that case also?

  4. #14
    A li'l bit different Squall7's Avatar
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    Quote Originally Posted by Ridewithme38
    Ok...That is what a copyright is...Since this thread is getting long I just want to ask a couple question that way us fighting back and forth will end

    Why is it ok to tape show off of the television or music off the Radio?
    Wouldn't the copyright rule hold in that case also?
    Those are broadcasts. The difference between TV shows and games are that people buy individual intellectual properties from a retailer. TV shows are transmitted.

    Another example of different types of rights; If you look at the rental of DVD's, the rights to it are different and the rental copy is actually a lot more costly than a retail version.

    Also, your arguement negates the fact that one needs specific programs and such to rip off the information from the disk, and they in themselves are illegal.


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  5. #15
    Guru of everything Ninty wezeles's Avatar
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    not always true.. just because you make a program that is made to make a copy of say a dvd, or game it is not up to you to get the rights to make the copy of the dvd or game.. its up to the person with that specific game or dvd.. thats why there are so many different dvd,game ripping programs all over.. its not there job to get the rights to copy that would be your own... this battle has been going back and forth in supreme court "i own it i should be able to copy it for my own use" "its my program they cant copy it without my permission they might sell it" the latest rulling forces the companys to give you access to a duplicate of the information you purchased... but it is up to the company who made that information to determin what they are willing to do be it let you make a copy or give you a copy when yours is damaged... eaither way you need permission from the person who owns that information... just give nintendo a call see what they say... if they wont let you copy it by law they have to supply you with a new copy if yours is damaged... this is just for the united states every country has there own rules for copyright laws... some none at all...

  6. #16
    WiiChat Member Maleko's Avatar
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    First off, you do NOT have to ask Nintendo's permission to make a PERSONAL back up of any IP (nintendo's or thrid party). In the US (and many other countries as the US' biggest export lately is laws) you have fair use laws. Those laws state (among other things) that you can make a personal back up copy and that you can "time shift" broadcasts. You do not need anyone's permission to do either of these two activities as you already have the force of law giving you those options.

    Secondly, unless your Nintendo game disc damage was caused by a manufacturing defect, or other reason that is caused BY NINTENDO, they are under no obligation to replace your broken game disc. Sure they may replace it for you when your cat, dog, brother, sister, son or daughter breaks it. But they do NOT have to.

    IP laws mimic (as close as possible) all other merchant laws. If you hit a tree, GM won't send you a new car, however if a manufacturing defect is found, they issue a recall and fix the issue for free. In IP law the media doesn't matter. Your not buying a polycarbonate disc with a layer of silver and ink, your buying rights to what data is contained on said disc. In most countries, these laws allow personal (that means ONLY for you, and you must destroy that copy if you sell or otherwise get rid of the original) archival copies. Manufacturers are under no obligation to assist you in making that back up, but thay also can not prevent you (legally) from doing so. Thats why you see so much DRM. They can lock up that data all they want on the media, but if you manage to find a way to remove the DRM and make a copy (again for archival purposes) they can not sue you for copyright infringment.

    Furthermore, if you are not profitting from the distribution of infringed IP, the only penalties are civil. If you notice, the RIAA and MPAA are directly suing file sharers, none of them are going to jail. None of them are up on criminal charges. They are being sued in civil court seeking damages related to the unlawfull (very different from illegal) distribution of Intellectual Property.

    Although Ridewithme38's question may not be allowed here due to forum policies, nothing she is asking is "illegal", immoral or even in a grey area. She is asking how to protect her property (the game media with the game data on it) that she purchased legally. And as a side note, that is a question we should all be asking seeing how many corporations are trying to reduce or eliminate rights that we have been given. If you don;t know your rights, how can you fight to keep them?

  7. #17
    WiiChat Member miiplaywii's Avatar
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    Ok who cares if its illegal first off. As you know you need a modchip which arn't that expensive. Yes you can back-up the games, but there is no software program to do it for you yet. The downloadable rips that you may have seen available for download took a great amount of time and effort to crack.

  8. #18
    Guru of everything Ninty wezeles's Avatar
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    Quote Originally Posted by miiplaywii
    Ok who cares if its illegal first off. As you know you need a modchip which arn't that expensive. Yes you can back-up the games, but there is no software program to do it for you yet. The downloadable rips that you may have seen available for download took a great amount of time and effort to crack.
    because in this forum you are not aloud to post about illgal hacks,crack etc.. they can get hit for the information you provide.. it ended up taking a turn when we got into the legallity of copying for personal use.

    the judgments lately have made this all kinda fishy because for the longest time you could always make copys of what you bought aslong as it was for yourself and noone else.. where lately because of so many bootleg rings they have been making this harder to do... judgements have gone eaither way on it but in the end the only part of the law that hasnt been changed is the fact that you have the right to have a copy... but read up on all the new postings for FBI copyright enforcement just to be sure... there are plenty of cases where people have been fined because they didnt get permission first to make a copy... heck there were churches in my town fined for displaying the super bowl without express permission...

  9. #19
    A li'l bit different Squall7's Avatar
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    Quote Originally Posted by wezeles
    not always true.. just because you make a program that is made to make a copy of say a dvd, or game it is not up to you to get the rights to make the copy of the dvd or game.. its up to the person with that specific game or dvd.. thats why there are so many different dvd,game ripping programs all over.. its not there job to get the rights to copy that would be your own... this battle has been going back and forth in supreme court "i own it i should be able to copy it for my own use" "its my program they cant copy it without my permission they might sell it" the latest rulling forces the companys to give you access to a duplicate of the information you purchased... but it is up to the company who made that information to determin what they are willing to do be it let you make a copy or give you a copy when yours is damaged... eaither way you need permission from the person who owns that information... just give nintendo a call see what they say... if they wont let you copy it by law they have to supply you with a new copy if yours is damaged... this is just for the united states every country has there own rules for copyright laws... some none at all...
    I'll repeat this:
    Are Game Copying Devices Illegal?

    Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.
    Every time I load up a DVD it tells me it's illegal to evade the copyright protection. The only way I can take information from the disk is to do just that, ergo, it's illegal.


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  10. #20
    WiiChat Member Maleko's Avatar
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    And every time you watch a sporting event on TV it tells you that it is illegal to describe the sporting event. Just because a producer of IP tells you it is illegal, doesn't mean it is. Listen to laws NOT corporations.

    Also, I can easily, legally copy a DVD without breaking the CSS encryption. Breaking the CSS encryption is illegal under the DMCA, copying the contents of a DVD (with CSS encryption intact) is perfectly legal, again as long as it is for your own personal archival purposes.

    I'll say this again (because people need to understand this) DO NOT LISTEN TO CORPORATIONS FOR LEGAL ADVICE, CONSULT THE LAWS (or better yet a IP attorney). Corporations can and will tell you what protects their interests, not yours.

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