I actually have been thinking about this and researching this and need a bit of a “moral compass” so to speak.
I do plan on using ROMs in a system called RetroPie. The only ROMs I plan on using are for games I have purchased through legal means, either for their original consoles or through game bundles on the Steam game platform. In those regards I have paid the original rights’ holders for their content, sometimes multiple times, in order to ensure that the rights’ holders get paid for their intellectual property.
Fair use laws would seem to come into play in regard to shifting formats from one system to another. However, the Digital Millennium Copyright Act states that if copy protection needs to be broken in order to complete that shift of content, it is illegal. (Makes very little sense because that means you can’t legally copy a DVD you bought to your computer but, that IS the law)
The bigger question is related to the following.
Many older game companies are now freely making their games playable on
archive.org for free.
archive.org/details/consolelivingroom
This includes SEGA, Atari, Colecovision, and many other systems. (No Nintendo products though because they aggresively protect their IP).
There are even areas on
Archive.org where game ROM images have been legally provided as well :
archive.org/details/tosec
So, here is the question. If the original manufacturer has made the games and their ROMs freely available on
Archive.org which is considered to contain the largest repository of public domain resources out there, would it be fair to say these games are now considered to be, at least loosely, in the public domain?
No, the manufacturers haven’t released their NEWER games. We are talking the 80’s and 90’s consoles/computer systems. The IP holders have clearly made a decision that these games should be made freely available even while selling emulated versions on Steam and other platforms. So again, why would there be an issue with downloading those games that the IP holder has provided free of charge to the entire world anyway?