Are ROMS illegal to have if the game in question is...

[K.I.L.E.R]

...from 1989 and is no longer in production nor can it be bought anywhere?

I want to know your opinions on this one as I am currently playing Phantasy Star 2 and that game is on the Genesis but cannot be bought nor can it be found in stores.

The developers are not making money off the game so it can't classify as stealing right?

 

[horvendile]

The developers are not making money off the game so it can't classify as stealing right?

Yes it can.
But it's not a given that it does.
It's called abandonware, and as long as the developer / publisher hasn't said otherwise they own it. As for whether it's illegal to own or just to download or vice versa I suppose comes down to the laws of your country.

Though technically black or white, in practice this is a grey area. Sometimes developers don't mean what they say; they might not want to give up their claim on the software forever and thus officially disprove of abandonware but really don't mind since they don't plan to milk any more money out of it anyway and it's good advertising.

One might argue that if the game absolutely can't be bought anymore (and likely not in the future either) then downloading it is pretty fair. Fair, but not necessarily legal.

Personally I think that the real question should be whether the developer / publisher really cares. Finding that out however needn't be easy.

 

[Bouncing Zabaglione Bros.]

That's generally not how copyright law works. The copyright is not yours to decide what to do with. Someone, somewhere still has the rights, and may intend to publish a game with it in the future, that you then would have bought. So you've deprived the copyright owners of that income.

Unless the game is specifically put into the public domain free (which still doesn't mean it isn't copyrighted), for personal use, it's still breaking copyright to use it this way.

Basically, just because no one is currently making money off a copyrighted game, that doesn't mean you can take copies of it for your personal use. You can't justify your use to make yourself feel better.

 

[K.I.L.E.R]

Isn't Sega bankrupt?

So how do I get their permission?

 

[Kristof]

Isn't Sega bankrupt?

 

[K.I.L.E.R]

You guys find me a copy of PS2 and I will buy it off you.

Should I delete the Barbie supermodel rom as well?

 

[Blade]

Hard to find? It's available in a Phantasy Star 3-pack for GBA! On top of that, it's in the bargain bin!

GameStop lists PS2 for the Genny at $24.99 BTW; back-ordered status.

 

[K.I.L.E.R]

Can you send it to me? I will pay you.

 

[Bouncing Zabaglione Bros.]

Isn't Sega bankrupt?

So how do I get their permission?

They are not bankrupt. They make games for XBox, PC and PS2. Try Googling for them, and then ask if you can have their permission. I wouldn't hold your breath though.

You guys find me a copy of PS2 and I will buy it off you.

That's up to you to do. Copyright isn't only for when someone else puts it on a plate for you.

Should I delete the Barbie supermodel rom as well?

Yes you should, but it seems you are not actually worried about copyright, you were just hoping your deliberate misinterpretation was correct so you could justify it to yourself or others.

If you don't care about copyright, why bother asking the question in the first place?

 

[K.I.L.E.R]

Yes you should, but it seems you are not actually worried about copyright, you were just hoping your deliberate misinterpretation was correct so you could justify it to yourself or others.

If you don't care about copyright, why bother asking the question in the first place?

Remember, that's your conclusion. Not mine.

 

[Bouncing Zabaglione Bros.]

Remember, that's your conclusion. Not mine.

Obviously...

Let me put it this way. If you're not going to stop playing Phantasy Star 2 now that you know it's illegal, the answer to your question (and the asking of the question in the first place) is pretty irrelevent.

 

[K.I.L.E.R]

So now your clairvoyant too?

 

[Bouncing Zabaglione Bros.]

So now your clairvoyant too?

That's why I used the word "if".

I notice you still haven't answered the question, and even if you did, your reputation precedes you.

 

[K.I.L.E.R]

Want to see my HD?
We will see if my "reputation" influences my hard drive's contents.

 

[Tagrineth]

Kiler...

This whole thread is just appalling and pathetic even looked at from the standard of a forum with a much lower standard than this one. :\ The emuscene is full of people like this, and you know what most emulation forums do when a thread like this appears? Try and guess.

 

[Natoma]

Whaaaaaa? A thread about copyright infringement and potential theft, and no post by Joe DeFuria to be found anywhere? Pray the jeebus the world is ending!!

 

[Joe DeFuria]

Here's my contribution:

 

[Humus]

So the world doesn't end after all?