[quote name='JSweeney']The Law in the United States
Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives copyright owner "the exclusive rights" to "reproduce the copyrighted work" and "to distribute copies ... of the copyrighted work" (Section 106). It also states that "anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright" (Section 501), and sets forth several penalties for such conduct.
Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except when it is necessary to: (i) copy the software onto a single computer in order to use the software, and (ii) make a backup copy "for archival purposes only", which are specifically provided in the Copyright Act (Section 117).
A relatively new exception (Section 117) allows a user, or someone authorized by the user, to make a copy of the software during activation of the computer in order to repair the computer. The license accompanying the product may allow additional copies to be made -- be sure to review the license carefully.
The unauthorized duplication of software constitutes copyright infringement, regardless of whether it is done for sale, for free distribution, or for the copier's own use. Moreover, those who copy are liable for the resulting copyright infringement whether or not they knew their conduct violated federal law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying, or statutory damages of up to $150,000 for each work infringed.
The unauthorized duplication of software is also a Federal crime if done "willfully and for purposes of commercial advantage or private financial gain (Title 18 Section 2319(b))." Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years
http://www.siia.net/piracy/copyright/law.asp
Look at the bold section. This is what you purchase when you purchase a game. They give you a copy of the media along with the liscence you purchased, but you are purchasing the liscence first and foremost.
But what about the archival copy, you say?
Keeping an archival copy for backup purposes is just that.
It isn't a copy of a rom that you place on a computer to play with an emulator.. that violates both copyright law and your liscensing agreement.
An archival copy is expressly used to protect the purchaser of the software in the case that the original copy of the media becomes corrupted.
Unless you make the copy yourself, you aren't allowed to have it. You didn't make the backup. If you have the hardware, and can dump a copy of a rom image to a piece of software you hold a liscense on, you can and do have the legal right to make the back up copy.
Yes, you are allowed to have an archival copy,
1. Provided that you make it yourself
2. That is used only for ARCHIVAL purposes.
This entire issue is not as simple as "I own the actual one so I can have a backup copy for it and do whatever I please with it".
That isn't what the laws and statues say on this issue, but because of the myths of popular opinion and misunderstanding of the finer points of the issue, that seems to be the defacto standard.
So, elprincipe, in a very tightly constrained situation, having a backup copy of a rom is legal. Of course, in the vast majority of the practical and actual uses these go through, they are not.
**Corrected a few glaring spelling errors.**[/quote]
Well said.. Roms ARE illegal. Simple as that.