“If you’re hosting the site, you potentially could be liable for direct infringement of a copyright in the game, as well as the emulator may have software of some of the code from the console or platform that the game runs on. All the lawyers agreed that emulation sites are committing copyright infringement if the games they offer are protected by owners as copyrighted material (which they usually are). Unless you want Nintendo to come after you for $150,000 an incident, forget about hosting ROM downloads. To find out more about how the law views game emulators, I spoke with three different intellectual property lawyers. While those sites were sharing Nintendo ROMs, the act of downloading them is also likely illegal, even if you already own those games on an old cartridge or disc.
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