bocaJ: I'm wondering if there is any potential for GOG to start releasing console games, along with a freeware emulator, potentially ZNES or whatnot.
Don't get me wrong - I'm happy to see some quality PC games, but who wouldn't get a kick out of playing through Mario RPG again? I also have very fond memories or Tojam and Earl for the Sega Genesis. Overall, I think this could be a great way to expand GOG's library and customer base.
(someone, correct me if I am terribly wrong with this...)
That is pretty old issue. About 10 years ago back at BBS scene, there was lots of talk of "legal" (s)nes roms and how to use them. However there was too many questions around them to put up a public Emulator site.
First there was this emulator question; is the emulator legal even by itself? If the reverse engineering of selected console was legal to do, then you still needed BIOS image from the original system and that was illegal always. Still today, Nintendo judges all the emulators to be illegal because of the potentially copied BIOS image.
Nintendo and Sega messages that emulators are only used to play pirated copies of emulated games, so the emulators are illegal.
Then there was this big issue of the game roms. Are the roms legal in any way? Some people likes to think that ROM's are legal if you do your own backup. That's not true because game copy devices are illegal. Some wants to say that you're allowed to create a backup... Well, I think that this is true in some countries, but still - devices to do this are illegal so you're not supposed to have ROM file on your PC and when the emulator is also illegal, you're not able to play legally. Some of the emulator people likes to say that these old games which has Copyright 1985 are outdated and now public domain. Welll. Maybe at 2060 becase it takes 75 years to outdate a creative copyright that has not been renewed.
Nintendo has said that its is hard to fight against ROMS and Emulators because there are countries that just goes over their word with these backup questions. But to answers to this thread - it is just too big open question and I think that even if you try to look it from all the directions, it still says "Illegal".
I also found this:
http://www.nintendo.com/corp/legal.jsp#emergence