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Comment by saagarjha | Hacker News Reader

Since it's relevant, I should probably note that dumping your own game cartridges is perfectly legal. Using someone else's dumps or sharing yours is not legal. Many emulator projects have had issues with the latter and are extremely testy if you look like you are doing it.

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I should also note that law is not universal and when advising people on the internet it should be noted as such. In Poland for instance downloading games dumped by others is perfectly legal, only sharing isn't.

Belated disclaimer: I am not a lawyer, and I am certainly not your lawyer :) If you are interested in this kind of thing there is a lot of interesting casework in this area.

> In Poland for instance downloading games dumped by others is perfectly legal, only sharing isn't.

Wait, really? Are you sure?

I ask primarily because, this sounds a little too close to "Downloading roms you don't own is legal as long you delete them within 24 hours." ;)

Yes, some locales pin the crime specifically on _distribution_ of copyrighted material. Downloading or possessing aren't restricted in the same fashion.

So is this kind of the idea of going after the dealers and not the users?

It seems like it's just a more old-school approach, based on a more centrally controlled market. If a publisher printed and distributed a book without authorization, would the buyers be liable?

Its a personal use exemption: https://en.wikisource.org/wiki/Polish_Copyright_Law#Division...

but specifically excludes software

https://en.wikisource.org/wiki/Polish_Copyright_Law#Chapter_...

Just because the americans are lobbying to make piracy as a concept a thing doesnt mean that european countries all have anti-piracy laws.

yup! also afaik torrenting movies is fine as long as you're only downloading (no seeding)

Its one of those urban legends. There is article 23 defining "personal use":

Art. 23. Copyright The scope of the work's own personal use 1. Without the author's permission, you may use an already disseminated work for your own personal use free of charge. This provision does not authorize to build on the basis of someone else's architectural and urban planning work and to use electronic databases that meet the features of the work, unless it concerns own scientific use not related to profit-making purposes. 2. The scope of personal use includes the use of single copies of works by the circle of persons remaining in a personal relationship, in particular kinship, affinity or social relationship.

But software is explicitly excluded by 77:

Art. 77.[32] does not apply to computer programs art. 16 pkt 3-5, art. 20, art. 23, art. 23 ....

Personal use defined in article 23 might have something to do with copy tax we get on computer media like CDRs, USB drives and even ordinary HDDs.

I like how two of your sentences complement each other. You are in fact right about not trusting people on the internet - Its ILLEGAL to download pirate software in Poland. Movies and music on the other hand are perfectly fine.

Don't forget, buying media grants you fair use ownership of that media. You are more than welcome to rip and upload your own ROM, and you are free to download (but not share) anyone else's ROM.

What I wish we could do is to put our games on a network server, it seems like the space on the Switch is never enough and it's annoying to re-download things a lot.

Yes, you can get microSD cards but there's still not enough space and I'd rather avoid swaps entirely.

256GB microSD from Samsung for US$35:

https://www.amazon.com/dp/B0887GP791

There are 512GB and 1TB cards too if you want to pay for them.

Though I agree it'd be nice to have network storage support, it's a niche feature that goes against the mobility aspect of the switch.

Well, as long as you have internet, it's not like that makes things less mobile, it just gives you a local cache with your games where downloading is faster.

Dumping modern games is probably outlawed by the DMCA's anti-circumvention provisions in most cases, since it involves breaking DRM.

Even without DRM, dumping is still an unauthorized copy. Only format shifting audio recordings is legal in the US without permission.

I wouldn't say that's true: fair use applies in some situations beyond what you're describing, for one thing.

Plus, there's an explicit statutory carveout for archival/backup copies of computer programs, which would apply to games.

Using? So I can dump my games but not play them?

Ah, I don't know how I slipped up there. Fixed, you can play them all you want :)

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