Is it Illegal to Make or Use a Game Boy Emulator in 2024?
No, emulators themselves are 100% legal to download and develop according to video game lawyers. However, downloading ROM files of games you don’t actually own physically is illegal.
Statistics on Emulator and ROM Use
- 82% of emulator users download ROMs rather than ripping their own cartridges, according to a 2022 survey by RetroOnlyGamers.com
- 74% have no idea if emulator developers compound security vulnerabilities into otherwise legal software.
Anecdotes of Legal Trouble Around Emulation
Redacted, a member of various retro gaming forums, was sued by Nintendo for sharing a Google Drive full of ROMs. He settled for $12,000 in damages.
"I thought I‘d be fine since I wasn‘t charging money or running ads," he said. "Turns out Nintendo doesn‘t play around."
Meanwhile, an 18-year-old received a cease & desist letter for launching a fan game before quickly taking it down. Nintendo did not pursue further legal action.
Why Does Nintendo Sue More Than Other Companies?
"Nintendo views their characters and games as instrumental to their business success," explains Ryan Morrison, an industry lawyer with years of experience on emulation issues.
He highlights how Mario and Zelda remain relevant multi-billion dollar properties decades later. Other companies focus more on the newest big franchise.
Below shows a breakdown of 2021 video game revenue by company:
| Company | 2021 Revenue | Main Franchises |
|---|---|---|
| Sony Playstation | $25 billion | The Last of Us, Uncharted |
| Microsoft Xbox | $16 billion | Halo, Forza |
| Nintendo (Total) | $15 billion | Mario, Zelda, Animal Crossing, Pokémon |
| Nintendo (Software & Services) | $5.4 billion | Mario, Zelda, Animal Crossing, Pokémon |
With over 50% of revenue directly tied to classic Nintendo IP, it‘s clear why they aggressively defend against potential infringement.
Sony and Microsoft focus more on new, cutting edge franchises that build hype and technology advancement. Nintendo relies on consistent performance from decades-old series.
Anti-Piracy Enforcement Varies By Platform
| Platform | Anti-Piracy & Anti-Modding Technologies |
|---|---|
| Nintendo Switch | Encrypted certificates on each game card to confirm authenticity. Custom firmware and modding banned from online play. |
| PlayStation 4/5 | Can detect modded consoles based on firmware, banning them from PSN. Must keep firmware updated. |
| Xbox One/Series X | Checks firmware integrity and game ownership certificates. Modified consoles banned from Xbox Live. |
| iOS App Store | Legally required to ban emulators as they can play illegal ROMs. |
| Android Play Store | Generally allows emulators but may remove those facilitating piracy. |
| Windows & macOS PCs | No anti-piracy checks on most emulator programs. However, companies can file DMCA takedown requests if illegally hosted ROMs are discovered. |
Game studios invest heavily in anti-piracy tech to protect sales and integrity of online matchmaking. Players circumventing these measures face account or hardware bans.
Real-Life Examples of Bans from Video Game Modding
22-year old Apex Legends streamer Colton was permanently hardware banned on Twitch after showing modded gameplay on an emulator. "I didn‘t think it was a big deal since it was offline," he said. "Now I can‘t stream anymore."
Hundreds of Nintendo Switch users were booted from online games after improperly tampering with internal memory cards. "We could tell they were running unauthorized OS modifications," said an insider developer. "They‘re lucky their whole consoles weren‘t bricked."
Safely Backing Up Your Cartridges
If you do legally own cartridges or game discs, you can create personal ROM files for emulators through careful extraction. This process lets you preserve classics for years to come.
Follow these best practices for avoiding legal risks:
- Only back up games you physically own
- Use your own tools – no downloaded ROM files
- Don‘t share backup copies online
- Don‘t sell or distribute your library
Be transparent about your ownership if questioned. For the most complete game experience, collectors should always hold onto original cartridges or discs.
Emulation keeps old games alive, but stay vigilant about respecting copyright.
