Is It OK to Download Nintendo ROMs from the Internet if We Already Own the Authentic Game?

Nintendo ROMs (”Read Only Memory”) is the type of chip used in Nintendo’s video game cartridge which contains the game software. However, this term is commonly used on many gaming sites on the Internet and refers to game data that was copied from an authentic Nintendo video game cartridge.

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.

Source: http://www.nintendo.com/corp/legal.jsp

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