Classic Gamer said:
Whole moral thing aside(we who play with emulators shall not throw stones at others) -
You know, I should probably just walk away from this, but...
I don't understand why some people buy into the {megalopolist}AA speil that downloading a ROM (or movie, or song, or whatever) == THEFT
Because it doesn't. In fact, no criminal code in the world that I'm aware of makes that equation. It's copyright infringement. Period. You have not robbed anyone of any material goods, you have not taken their money, or deprived them of property.
Fraudulently exchanging damaged goods - goods you no doubt damaged yourself by your own carelessness or stupidity - at a retail outlet is theft. And the law recognizes that as well. Yes, I know Walmart is a monstrous and heartless conglomerate that probably deserves whatever happens to it. And I have little sympathy for Sony corporate. But, taking something that doesn't belong to you or defrauding a company of money that is not rightfully yours is THEFT.
So, there's a legal difference between these two actions, certainly. There is also, imho, a moral difference.
Before I continue, let me say that I STRONGLY support the right of artists to benefit from their work. As a musician and programmer, I am intimately aware of the purpose of copyright - I'm more a hired-gun/contractor type, but many of my nearest and dearest (including my wife) absolutely survive on the sale of various rights to their programs and music, so I know how important it is to the people that create media that can be reproduced digitally that the use of these programs be paid for. And, of course, I support them with my $$$
HOWEVER, playing the ROMS of video games that have not been available for purchase on the market for 10 years or more does not trouble my conscience. Notwithstanding the fact that I have boxes filled with old videogames I can't be bothered to pull out and play on the original hardware any more, the truth is if someone releases a commercial version of a ROM that I've played and liked, I will absolutely buy it. Metal Slug Anthology for the PSP and Final Fantasy VI for the GBA are the latest examples of this, but it's a rule of thumb I've lived by for years...
Now, the point is that I resent having my actions equated with out-and-out theft. It's an insipid, "black & white" view of the issue. I'm sure that over time our copyright laws will change to meet the challenges of intellectual property rights in a digital millenium. In the mean time, those of us with an ounce of brains and a conscience will continue treat copyrights with respect while respecting our personal rights to fair use, and we'll do so on our own recognizance...
