Update 3.3 hacked, homebrew alive & kicking again

[Shino]

I think he was talking about booting games he owned off an SD card anyway. Scuba, could you add me on MSN, I'd like a chat

 

I need to buy an SD card first.

 

Lol, I believe he meant booting WiiWare and VC game directly from the SD cards, instead of changing it back to the Wii memory. Not other kind of games, which I don't think is possible.

[mcj metroid]

I think that "you can own a rom of a game you own" theory is a myth or ancient history.

 

no it's true hence my use of the word "backup"

 

I think he was talking about booting games he owned off an SD card anyway. Scuba, could you add me on MSN, I'd like a chat

 

I need to buy an SD card first.

 

add me too:D

[Hellfire]

wikipedia:

In some countries, it is legal for an individual to personally make backup copies of a game they own. Individuals may make backup copies for various reasons, perhaps as insurance against losing the game or as redundancy in the event that the original game's medium becomes unreadable. See the section on ROMs and Preservation.

 

However, in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a "game backup" device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).

 

Some games companies, such as Nintendo, print warnings inside their game manuals that they do not allow users to make backup or archival copies. Whether or not these warnings in this specific form can be considered valid contracts is legally questionable. For an overview of relevant issues, see user agreement (EULA), shrink wrap contract, clickwrap, Fair Use, Fair Dealing and DMCA.

 

Official Nintendo Website: http://www.nintendo.com/corp/legal.jsp#roms

 

 

What is a Nintendo Video Game Emulator?

 

A Nintendo emulator is a software program that is designed to allow game play on a platform that it was not created for. A Nintendo emulator allows for Nintendo console based or arcade games to be played on unauthorized hardware. The video games are obtained by downloading illegally copied software, i.e. Nintendo ROMs, from Internet distributors. Nintendo ROMs then work with the Nintendo emulator to enable game play on unauthorized hardware such as a personal computer, a modified console, etc.

 

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.

 

Like I said, myth and ancient history.

[Dyson]

Lol, I believe he meant booting WiiWare and VC game directly from the SD cards, instead of changing it back to the Wii memory. Not other kind of games, which I don't think is possible.

 

 

That's what I meant, I worded it a bit shite, my bad :P

[mcj metroid]

first of all we don't live in the us and second of all. I'm not really going to trust nintendo's advice on that and who says that one isn't based on america either. You could be right, But not based on that information.

[Hellfire]

Look, what you can and cannot do with proprietary software is defined in the EULA (end-user licensing agreement), so when you are buying or using software/hardware you are agreeing to those terms. The terms are imposed by the copyright owner and unless they contradict a law, if you don't abide to them, you're doing something illegal. It's that simple. You can't just say "Hey, I don't trust one of the biggest companies in the world to say what's legal to do with their prodcut", because they are the ones who dictate it. You're not living on the moon, you have to abide by rules, whether you read the terms and conditions or not you agreed to them, if you don't follow them, you don't have any right to moan.

That specific law was a US law, but downloading ROMs is illegal in Europe too.

Now unless you make your own game backup out of a game you own (which you don't, we're talking about ROMs here, meaning cartridges- btw the devices that do this are illegal) there's no beating around the bush.

Not that it matters, people use it regardless, it seems that they just feel safe (and they are:P) telling themselves it's legal and rely on stupid disclaimers that are put on ROM sites since I was a kid that have no legal validity at all (the 24 hour rule never existed).

[mcj metroid]

Section 117 of the U.S.C. Title 17 (Copyright law), states:

 

Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

 

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner."

 

Console games/arcade games are classified as computer programs.

So, according to the copyright law, you CAN own a copy of a software program you own(contrary to what Nintendo and the IDSA wants you to believe). But in the case of ROMS, you can't copy them so websites have to distribute them (so ignore in part sub-section 2).