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Video game online rom copyright law12/8/2023 ![]() ![]() ![]() And Bambauer is quick to admit it's not a perfect one. Now, this isn't black and white just a potential legal argument. "The argument would be there's no market harm here that it's not substituting for a purchase." "You're not giving the game to anybody else, you're just playing a game you already own on your phone," said Bambauer. He says he could imagine a few possible defensible scenarios. "If I own a copy of Super Mario World, I can play it whenever I want," he notes, "but what I'd really like to do is play it on my phone or my laptop." In this case, downloading a ROM could be legally defensible. "Fair use is a fuzzy standard, not a rule," Bambauer explained. Then, according to Bambauer, you might be covered by fair use. But is there a legal defense? Possibly, if you already own a Super Mario World cartridge. ![]()
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