Emulation has been around since the 90’s, when basic emulators like Stella (Atari 2600) and NESticle (NES) let you play the entire library of games from those consoles. Today, we have much more robust emulation software, some that even integrates seamlessly into media software like Kodi or feature impressive frontends like the beautiful Hyperspin.
Regardless of where you stand, emulation is technically illegal. However, so many games have become orphans as the developers and publishers have closed and the rights to some of these games either were snatched up and sat on by bigger developers or its unclear who actually owns the rights to these classic games.
But what is the true nature of emulation? Is it stealing copyrighted material or enjoying games that are no longer being sold? Let's take a look at it from both sides.
Its piracy
With the rise of ‘flashback’ consoles, compilations and the Virtual Console, gaming companies have pounced on the opportunity to re-sell old games to new audiences or gamers who want to easily reconnect with the games they grew up with. Not long ago, nobody cared about emulation because most of these games were no longer being sold by their publishers, so while technically illegal, no harm was being done.
But today that’s not the case. Publishers have realized they can repackage old games that they still own the rights to and re-sell them to gamers looking for a dose of nostalgia.
With the advances in technology, its even capable of emulating current generation consoles. I’m not aware of any for the current generation, but as recently as last generation the Dolphin emulator ran and upscaled Nintendo Wii games that were still widely available at retail. This is flat out piracy.
Its preservation
While there are a good number of games that get curated in flashback consoles, gaming compilations and virtual consoles, a much larger number of them do not. If you want to play Treasure Master on the NES or Solaris on the Atari 2600, you either have to find an actual cart or download the ROMs and emulate the consoles.
Without emulation and collectors, vintage gaming would vanish. There’s simply not many channels dedicated to preserving these old games, which is why emulation is perfect. How many arcade games will never be experienced by new generations of gamers without a physical arcade cabinet to play it on? The chances of coming across a real Paperboy or Dragon’s Lair arcade machine are extremely slim — and only barcades and dedicated retro arcades seem to have these machines anymore.
There's no simple answer
There are instances where emulation does rob the owners of the property from potential income (like downloading an Earthbound ROM) while there is nobody losing money if you download a copy of Haunting Featuring Polterguy, since its not being sold anywhere (at least that I’m aware of).
If a game is currently being sold commercially, I lean towards emulation being more like piracy, but for a game that hasn’t been available at retail for 20+ years there is no harm in downloading, playing and enjoying these titles.
Even if it is still technically against the law.
