is it illegal to down load game boy emulator games?

Answer 1

Legal status of ROMs

ROMs themselves are not illegal per se. This section gives a general discussion of the legal status of ROMs as regards the various uses to which they may be put, though this should not be construed as legal advice.

Games owned by the user

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. 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.

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.

24 hours claim

Some ROM websites claim it is legal to download and keep a ROM of a game one doesn't own for as long as 24 hours, after which it is one's responsibility to delete it. Even though it is widespread (most likely due to copycat reactions), this claim is completely false, as there has never been such a law.

Officially licensed ROMs

It is, of course, legal to purchase a ROM image which has been licensed to you by the rights holder. For example, Atari made a number of their original arcade games available in ROM format which is compatible with the MAME emulator through the online ROM retailer Star ROMs. Star Roms stopped licensing roms in February 2006, though. Nintendo's next-generation console, the Wii, will be backwards compatible with many games for older systems such as the NES, presumably through some (secure) ROM downloading process.

Freely licensed ROMs

The vast majority of computer & video games from the history of such games are no longer manufactured. As such, the copyright holders of some games have offered free licenses to those games, often on the condition that they be used only for non-commercial purposes. For example, two of the games emulated in MAME, Gridlee and Robby Roto, have been made available under such licenses. As such, they are made freely available from the MAME Home Page.

There are also homebrew ROMs available for many systems. These ROMs are unequivocally legal to distribute and run, per the creator's license.

Unlicensed ROMs

While some games which no longer make any profit fit into the category above, the vast majority are no longer available in any form. The legality of obtaining such games varies from country to country. Some countries have special exceptions in copyright laws or case law which permit (or discourage less) copying when an item is not available for legal purchase or when the copying is for non-commercial or research purposes, while other countries may make such practices firmly illegal. There is often a distinction drawn between distribution and downloading, with distribution being seen as the greater offence.

Abandonware

Abandonware is a fairly new copyright concept that attempts to bring in the theory of abandonment from trademark law into copyright law. Supporters of abandonware claim that, if a copyright owner no longer offers a particular piece of software to the public, it should be deemed "abandoned" and open to free copying and usage by users. Supporters believe that, while it has no basis in copyright law, it should be considered morally more acceptable to trade in so-called abandonware since copyright holders are, by definition, no longer profiting from the sale of the work in question.

However, the concept of abandonware conflicts directly with the fundamental copyright concept of awarding a copyright creator a finite term during which he/she may enjoy a monopoly on reproduction. Under copyright law, a copyright owner has the right to profit or not profit on their creation. The basis for this right in the United States is the Copyright Clause of the United States Constitution, which empowers the United States Congress:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Because abandonware would conflict with the stated goal of granting "exclusive right" (irrespective of profit), it is not recognized in the United States or by signatories of the World Intellectual Property Organization (WIPO) Treaty. Currently, for copyrights to be abandoned, the owner must clearly release the copyright in a writing (which has been done).

In 2003, the United States Supreme Court made copyright law more conservative in deciding Eldred v. Ashcroft, 537 U.S. 186, which affirmed the legality of the Copyright Term Extension Act, an act that extended the current copyright terms by an extra 20 years. The decision noted that, so long as a copyright term is finite, it is permissible under the Constitution. Thus, a copyright in the United States is protected by the full strength of the law until it expires, between 70 and 120 years after initial creation.

Commercial distribution

Commercial distribution of copyrighted games without the consent of the copyright holder is generally illegal in almost all countries, with those who take part in that activity being liable for both criminal and civil penalties.

Online auction sites such as eBay have sometimes been used by sellers to sell unauthorised copies of games which are advertised as legitimate copies. Such sellers, in addition to violating copyright laws, may also be liable for prosecution for fraud and/or false advertising.

Enforcement

There have been few convictions and lawsuits related to ROM trading. Criminal convictions tend to be related to high-profile warez groups which trade combinations of recent films and computer games. In contrast, the ROM scene tends to concentrate mostly on older games. Given the lack of continuing profit from most older games, the grievances of games companies rarely exceed sending a cease and desist order which compels the recipient to stop distributing the copyrighted works in question. Many have argued that it would be irrational for a company to spend money prosecuting for games that they are no longer making profit from, as there would be no damages to speak of. Even so this has not deterred Nintendo from pursuing a number of lawsuits against ROM distribution websites via non-profit subsidiaries.

Answer 2

It is not illegal to download game boy emulator games.

Answer 3

Here's the law, in a nutshell.

If you own the console version of the game you're downloading, then you can download the game, no problem.

But, if you don't own the game, you have to delete your download within 24 hours.

Not than anyone enforces this, but I guess it's good to know. ; )

Answer 4

I'd problably say yes and no