vNES is a Nintendo Entertainment System simulator with the specific purpose of allowing users to enjoy classic games, doing so without allowing those users to actually download any files. The trading of videogames via the Internet is a grey area at best, in terms of legality, and is one of the reasons vNES was designed to not allow the download of any sensitive files, but instead load them dynamically and on the fly. The inner workings of this technology only allow the files to be loaded into temporary RAM of a computer while playing. When the browser is closed, the resource is no longer available.LOL. First of all Nintendo actually considers all emulation to be copyright infringement (which is insane), secondly the Napster case has shown that people can be held responsible for linking too and indexing copyrighted works that other people are hosting (the torrent tracker ISOHunt just got shut down as well.)
This situation is analogous to visiting a friend and playing NES games with them, which, naturally is legal under the DMCA. If anything, vNES actually deters the trading of ROM files on the Internet by removing the reason for such behavior to occur in the first place. If a user can simply play the game online, there is no reason for ROM trading. After large amounts of legal research, we have found that it breaks no laws, but acts as a legal deterrent against illegal ROM trading.
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posted by mike_bling at 10:42 AM on November 6, 2007 [1 favorite has favorites]