Emulators are a retro gamer's savior. They are software programmed to give modern-day computers the ability to run like a specific operating system (OS) that is no longer available or hard to get in this day and age, like the SNES or the PlayStation 1 (PS1). Some emulators run modern-day OS as a replacement for the actual hardware that runs the system, like the PlayStation 5, Nintendo Switch, and the Xbox One.
Emulators are perfect for those wanting to play video games or access software no longer available on the market or are hard to obtain due to their datedness.
However, there are legal problems when using emulators as intended.
So what does the law allow and not allow regarding emulators?
Emulators: What is Legal and Illegal
Emulators, by themselves, are legal to download and use, according to Ghetto Gamer. These programs are legal because they do not contain any copyrighted code, meaning the code they use does not infringe on any copyrights in most cases, and they are basically useless on their own.
However, downloading ROMs, which are needed to use emulators, and using them via emulators is illegal. ROMs contain copyrighted material that belongs to the company that made it, and as such, they are unauthorized copies of their video games or applications.
A previous iTech Post article mentioned that the reason why game emulators are popular and in-demand is due to them being an easy way of pirating current software. These include games for current-gen consoles like the PlayStation 5, Nintendo Switch, Xbox Series X|S, and similar gaming consoles that can still be bought to this day.
According to an article from How-To Geek, U.S. copyright protects works for 75 years, which means major console titles like Horizon Zero Dawn, Halo Infinite, and Super Mario 64 will not be in the public domain for decades.
Emulators for Retro Games
Another reason why emulators are very popular among gamers is that they give the ability to play games that were released long ago, like the games played on classic consoles like the SNES, Sega Genesis, and the PS1.
However, due to the copyright protecting these games, the act of downloading ROMs for these games is still illegal. But then again, there is a stronger claim for emulating to fall under fair use if the company that made it no longer exists, per Tom's Hardware.
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Mitch Stoltz, senior staff attorney at Electric Frontier Foundation, said that gamers who use emulators to play retro games from companies no longer existing are on "somewhat safer ground, especially if the game is no longer sold and there's no easy way to get it in playable form."
Sean Kane, co-chair of the Interactive Entertainment Group at law firm Frankfurt Kurnit Klein & Selz, said that if there's no company to stand up and claim ownership of the game, it's likely that nothing will happen to a gamer who downloads an emulated version.
However, should there a company claim ownership of a particular retro game, then gamers will be forced to stop downloading the game's ROM or risk being fined or put in prison for copyright infringement.
How to Play Retro Games Legally
If you do want to play retro games but don't want the law catching up to you when you do so, consider checking mobile app stores for classic games-turned-apps.
Another option is to head to Internet Arcade, a web-based library of classic coin-based arcade video games from the '70s to the '90s. Or you can go to the Good Old Games store operated by The Witcher games developer, CD Projekt. This store offers classic and newer games. These classic games include Metal Gear, Heroes of Might and Magic II, and Blood Omen: Legacy of Kain.
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