[Odin]

Originally Posted by solemnclockwork

... Cartridge based games are a problem in that regard as the machines to make the ROM are illegal.

That is not at all correct. The machines to read and write ROMs, are quite common place in any sort of electronics, servicing, development or manufacturing. I myself have a number of these devices for various applications. There are absolutely no restriction on the possession, or the sell of them. They are simply tools.


As for the legality of copying ROM data, it goes something like this:

• In order to legally copy the data, you must own the data in the original distribution form.
  (ie ... you must have the cartridge)
  
• The copy is legal only as long as you still own the original form.
  (in other words if you give away or sell the original, you must destroy the copy
  
• The legality is not effected by the originals functionality
  (ie: even if the original is no longer functioning, the copy is still legitimate as long as you still posses the original)
  
• Although, possession of the copy is legal, you have no rights to run the software without ownership of the original operating hardware.
  (Because the original software is tied to a specific hardware platform, you must own the original platform, to legally run it
  

The legality of the emulator has a similar set of rules: The part of the software that actually emulates the original hardware is completely legitimate to own, whether you own the hardware or not. However because most emulators also contain a copy of the platform's firmware, this is covered under copyright rules. Firmware is software, therefore you must own the original hardware, with its original firmware to legally run the emulator. Like the cartridge data the hardware need not be functional. There are a few exceptions, such as an emulator for a Atari 2600. This is because that was an extremely simple device that had no internal firmware. This is a rare exception.