Emulation. Don't duck your head or hide in a corner, we have all done it. Whether it was because mummy took away your PlayStation, you just had to play Final Fantasy III or maybe you just like to be a cheap homo, everyone has done it.
Emulation is the method of duplicating the functions of one system on a different system, so that the second system appears to behave like the first system. By that description emulation is quite a harmless thing, but it gets more complex when we move into the topic of downloading copyrighted games from the Internet and playing them on said emulators.
If you have utterly no intention of ever purchasing the real product, then yes, you are stealing. There is no real question or argument to be made. Your using a product without paying for it, just like downloading a movie or stealing from the corner shop is ilegal.
However, what if I already own a hard copy of the original game? Is it illegal to download a "back up" copy? Nintendo has a very interesting stance on this:
"There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet."
So, if I'm reading Nintendo's statement correctly, downloading from the Internet is inherently wrong, however "a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic" is okay? To put that into clarity, Nintendo says its okay to directly copy your official Nintendo product yourself in case of damage, however you cannot download the EXACT SAME COPY from the Internet to save you the trouble of purchasing a disc copier.
Strange logic my friends.
Then of course, there is the grey market. Is it illegal to download and emulate a product never released in your country? I mean, the publisher technically never copyrighted the product here; neither are they losing "real sales" because I can't physically purchase it.
An excellent example is Chrono Trigger, which I downloaded simply because I have been given no option but to. The game has been released for both the SNES and the PSone, but neither times was it ever officially released in a PAL version, which would run on my machines. Is it still wrong for me to download the product?
I finish with another quote from Nintendo, on how emulation threatens our lively hoods, pets and first bourns.
"The introduction of video game emulators represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs."
So how illegal is emulation? And is it still right to do it even if it is? Discuss.
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