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Emulators are not illegal.
GOG did a user survey a while back to assess interest in non-PC games (Amiga and Dreamcast were among the platforms to choose from, I think). I can't seem to find the link to this survey at the moment, but it shows GOG has given this serious consideration.

Even if GOG doesn't add actual emulated console games there's still a decent chance of some of them turning up on here thanks to the current trend of making Windows ports of console-only games, as with GOG's recent addition of the previously Xbox-only Oddworld: Stranger's Wrath. If GOG ever manage to sign up Sega as a publisher I'd expect to see the Sega Mega Drive Classics packs on GOG too.
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hedwards: My main concern would be the ability of GOG or somebody else to accurately emulate those newer systems as my current computer can't even run BSNES at full accuracy.
What threshold of accuracy are we talking about? I've been using ZSNES for years and didn't notice a great deal of 'inaccuracy'.
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Navagon: GOG has to deal with international copyright law though. Something which the US has a tendency to selectively disregard. But if the copyright / patents have expired then great! That's all that needs to be said. But if so then it strikes me as odd that the only people putting out emulated games are Sega and Commodore.
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hedwards: In terms of IP we tend to be much more strict about it than most other parts of the world.

And yes, I'm pretty sure the patents on the SNES and Genesis have expired, I have in my possession a NES/SNES/Genesis machine and the only way that's possible is that the patents expired. Which given the typical term for patents in the US, is to be expected.

Emulation itself has never been illegal around here provided that it didn't infringe on any patents or make use of privileged information.

Newer systems are more likely to run into patent problems though, and at any rate any games from after the SNES/Genesis period are likely not to be hard to get ones hands on anyways, even those systems are often times still pretty cheap as well.

My main concern would be the ability of GOG or somebody else to accurately emulate those newer systems as my current computer can't even run BSNES at full accuracy.
Patents are not the problem the problem is the copyright of the ROMs in a system. Emulating the hardware is fine using a ROM image you don't have permission to use is the problem.
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hedwards: My main concern would be the ability of GOG or somebody else to accurately emulate those newer systems as my current computer can't even run BSNES at full accuracy.
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SirPrimalform: What threshold of accuracy are we talking about? I've been using ZSNES for years and didn't notice a great deal of 'inaccuracy'.
Depends on the ROM, many ROMs are going to work just fine, but then there are other ones that depend upon a bug or glitch in the hardware to render properly. In general it's better to do the emulation accurately and then not have to worry about having an obscure ROM that doesn't work.

http://byuu.org/bsnes/accuracy
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wodmarach: Patents are not the problem the problem is the copyright of the ROMs in a system. Emulating the hardware is fine using a ROM image you don't have permission to use is the problem.
In the context of the thread it's implied that they would be licensed.

Also, that's just the ROMs, it has absolutely nothing to do with the legality of emulation in general.
Post edited November 12, 2011 by hedwards
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SirPrimalform: What threshold of accuracy are we talking about? I've been using ZSNES for years and didn't notice a great deal of 'inaccuracy'.
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hedwards: Depends on the ROM, many ROMs are going to work just fine, but then there are other ones that depend upon a bug or glitch in the hardware to render properly. In general it's better to do the emulation accurately and then not have to worry about having an obscure ROM that doesn't work.
Ah... but in this hypothetical situation where GOG is releasing SNES games surely they'd test them all individually before release? DOSBox isn't completely accurate, but GOG only uses it for games that work properly on it.
Well, in this GoGer's opinion:

Nintendo would never ever allow it. They've got the virtual console on Wii, and are notoriously cagey about their IPs.

Sony probably wouldn't. They don't have much to gain that they don't already have due to the PS1 classics on the PS3.

So basically Sega, and maybe the earlier/smaller companies.

Also, I can't imagine you could emulate a game without the original console manufacturer's permission. It'd be fine to make a PC port (like the FF7 or Metal Gear Solid), but I highly doubt you could distribute a ROM commercially.
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PenutBrittle: SNIP
Also, I can't imagine you could emulate a game without the original console manufacturer's permission. It'd be fine to make a PC port (like the FF7 or Metal Gear Solid), but I highly doubt you could distribute a ROM commercially.
Why would they require permission from the original console maker? The console maker doesn't own the IP, that would be the publisher or at this point probably the developer, or whoever it is that owns the rights at this point.

Exclusivity clauses tend not to be perpetual, especially after the original console is no longer in production.

In this case, I would imagine that it would represent an illegal restraint of trade as most of the games have been out of print, so to speak, for well over a decade for hardware that's similarly long out of production. Nintendo, Atari or Sega might beg to differ, but there's very little that they can legally do unless there's been an updated contract signed more recently.
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PenutBrittle: Also, I can't imagine you could emulate a game without the original console manufacturer's permission. It'd be fine to make a PC port (like the FF7 or Metal Gear Solid), but I highly doubt you could distribute a ROM commercially.
Konami Collector's Series: Castlevania & Contra
http://www.mobygames.com/game/windows/konami-collectors-series-castlevania-contra

I wonder if Konami needed permission to release this. The NES has no BIOS and most games were programmed to the metal.
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PenutBrittle: Also, I can't imagine you could emulate a game without the original console manufacturer's permission. It'd be fine to make a PC port (like the FF7 or Metal Gear Solid), but I highly doubt you could distribute a ROM commercially.
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Snickersnack: Konami Collector's Series: Castlevania & Contra
http://www.mobygames.com/game/windows/konami-collectors-series-castlevania-contra

I wonder if Konami needed permission to release this. The NES has no BIOS and most games were programmed to the metal.
Unlikely, any contract that would have been in effect for NES or probably SNES with a provision for exclusivity wouldn't be enforceable now, given the number of intervening years and the out of production status of the hardware.

So, unless they signed a new licensing agreement covering emulation the rights are almost certain to belong exclusively to Konami to emulate the game on whatever hardware it sees fit.
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Snickersnack: Konami Collector's Series: Castlevania & Contra
http://www.mobygames.com/game/windows/konami-collectors-series-castlevania-contra

I wonder if Konami needed permission to release this. The NES has no BIOS and most games were programmed to the metal.
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hedwards: Unlikely, any contract that would have been in effect for NES or probably SNES with a provision for exclusivity wouldn't be enforceable now, given the number of intervening years and the out of production status of the hardware.

So, unless they signed a new licensing agreement covering emulation the rights are almost certain to belong exclusively to Konami to emulate the game on whatever hardware it sees fit.
That sounds reasonable. I'm just amazed that emulated console game compilations (on platforms with different owners) are such a rarity. It seems like free money.
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Siecje: It doesn't appear that GOG has console games, there are a lot fo great greats exclusively for consoles.

Is it planned to expand with console titles?

You could use emulators and then provide more games, I like not having to deal with DOS Box when playing your games.
I believe it was considered at some point due to a questionnaire on the website, but they're clearly not going in that direction right now.
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doady: Emulators are not illegal.
You're absolutely correct but try convincing most folks of that.
Post edited November 12, 2011 by orcishgamer
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hedwards: Unlikely, any contract that would have been in effect for NES or probably SNES with a provision for exclusivity wouldn't be enforceable now, given the number of intervening years and the out of production status of the hardware.

So, unless they signed a new licensing agreement covering emulation the rights are almost certain to belong exclusively to Konami to emulate the game on whatever hardware it sees fit.
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Snickersnack: That sounds reasonable. I'm just amazed that emulated console game compilations (on platforms with different owners) are such a rarity. It seems like free money.
The way it typically works is that I can buy your business out and require that you not start a new one in the state within say 10 years time and that's likely to stand up in court. However if I demand that you either never start a new business in the state or that you can't start a new business anywhere for the next 10 years then that's likely to not stand up.
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wodmarach: Patents are not the problem the problem is the copyright of the ROMs in a system. Emulating the hardware is fine using a ROM image you don't have permission to use is the problem.
Now this is what I was getting at, but you said it better. Essentially you'd need to create something that was compatible yet wholly different. Or you'd need permission. I don't know which would be more difficult, but chances are that, financially speaking, it wouldn't be worthwhile.
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wodmarach: Patents are not the problem the problem is the copyright of the ROMs in a system. Emulating the hardware is fine using a ROM image you don't have permission to use is the problem.
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Navagon: Now this is what I was getting at, but you said it better. Essentially you'd need to create something that was compatible yet wholly different. Or you'd need permission. I don't know which would be more difficult, but chances are that, financially speaking, it wouldn't be worthwhile.
Which is a complete strawman. This is no different than the current situation where Mr. Gog has to go around tracking down the owners of various games so as to license the games for release. Fundamentally this isn't any different than the current situation except for the OMG teh emulaterz aspect of it.

As for worthwhile, most folks didn't think that this site was worthwhile, if they did it probably would have happened many years earlier. ROMs themselves are in many ways easier to emulate as there's only one set of hardware for each console that needs to be focused on.