Hacker News new | ask | show | jobs
by Madmallard 1348 days ago
Emulation has been deemed legal? Since when? You're not paying for the system or the games and playing them freely?
5 comments

Emulation of a device is totally legal.

For instance, I run qemu all the time to emulate various android devices.

I suspect that you're thinking specifically of game emulation though.

Running software on an emulated device is fine legally as long as it doesn't violate copyright law.

For instance, you can legally backup software that you own in the US [1] - that extends to games as well - and because emulators themselves are legal (although you may also need to backup the device's BIOS), you can have a completely legitimate archive of copyrighted games to run via an emulator.

That said, it's unlikely that most people archive software themselves, and it is not legal to distribute backups in the US, even if both parties have legitimately acquired copies of the source material.

[1] https://www.copyright.gov/help/faq/faq-digital.html

>it is not legal to distribute backups in the US, even if both parties have legitimately acquired copies of the source material.//

Do you (or anyone) know if caselaw on this point and which USC this position relies on, thanks.

Since Sony vs. Bleem. Bleem even won a protective order against Sony's public statements.
Emulation is legal. Freely sharing roms of copyrighted content isn't. You can dump a cartridge you own and emulate it on a device you own.
It's weird because the system costs money too
what has emulation got to do with not paying for the games?
Oh right. Legal distinction
Why would Valve advertise you could emulate if not for pirating games?
To play the wide range of homebrew switch software created by the vast homebrew community the switch has, of course.

https://switchbrew.org/wiki/Homebrew_Applications

Yeah, no one really believes that.
In the same way that nobody torrents linux isos? Just because it's less popular than other uses doesn't mean it doesn't happen.
Torrenting is a pretty standard, official, way of distributing Linux ISOs. Linux' license also doesn't really stop anyone from doing so, as it very much wants its users to share it with others (GPL v2, see the 4 freedoms of the FSF). There could be problems distributing e.g. Red Hat-owned stuff (trademarks, copyrighted things, non-FOSS software and such) without permission, but Linux itself is completely legal to share.

Torrenting also isn't illegal by itself or a direct link to pirating, it is just a very common way of sharing pirated data.

No, in the way that advertising that your product can play a few homebrew games when it already can play thousands of Steam games makes no sense. It's obviously to hint at playing Nintendo titles.
Just like no one believes stores selling "decorative glass vases" that look like bongs. But it doesn't matter, because it's still legal itself.
Why does that matter? It's like torrents and Linux distributions, perfectly legal, it's not the software developers intent that makes the file sharing be legal or not, it's the users usage of such software.
1. Then you don't have to carry a steam deck and a switch.

2. This way you can buy physical copies of games, keeping full control and the ability to resell them, while also carrying your current game library on an SD card.

Edit: I forgot modding! That's a huge use of emulation.

It's also worth noting that afaik dumping carts you own and playing them on an emulator is fine too. As long as you don't redistribute them.
So you don't have to travel with both your Switch and your Steamdeck. So you can play games at higher resolution and fps than the Switch. So people can make playthough and tips/tricks videos of Switch games without needing to buy a capture card. So you can use game mods without jailbreaking your switch.
At least since Wine.

https://www.winehq.org/