Pokun wrote: ↑Fri Feb 09, 2024 12:56 pm
And what do you mean that you can just slap an EULA to a physical copy of a game and suddenly the person that bought it doesn't own it? Where did the law ever work like that? If that's true why are people selling their used games to used game stores all over the world and all over the internet without getting caught for EULA breaching?
Downloaded games are a bit different, but that's mainly because there is no physical copy to own and resell, you only bought the right to download a copy to your device for the life of the download service. In some countries you may still legally be able to make backup copies for private use to prevent the games to disappear when the storage memory dies and many consoles allows to move (copy+delete) downloaded games to an SD card in encrypted form (so its still tied to the console it was downloaded on).
This is probably highly unregulated in many countries, but there must at least be some legal way to backup downloaded games if you are replacing a flash-ROM chip that is about to die on a console for example (for an old console that no longer has its repair service). Otherwise you may risk loosing data that you legally downloaded and can't repair the hardware that you legally own.
@Pokun The EULA about only getting a license has already been slapped on the Nintendo Switch and other modern consoles. Earlier in this thread you said that people resold games even when it said "not for resale" but in that case, there is no contract prohibiting it.
For most (if not all) Nintendo consoles, the games themselves don't have license agreements. It would make sense for a company, via an EULA, to prevent people from reselling their games because they don't get profit when people resell games, they only get profit when people buy directly from the company.
Earlier in this thread segaloco said that it would be very difficult to prove that users were violating non-emulation clauses. However, if a non-emulation clause exists in the next Nintendo console (somewhat likely given that Nintendo hates emulation and they argue emulation gives way to piracy), this would impede public emulation projects (as only a few of the fans will actually be able to program an emulator).
Copy protection is another story, though. Unless specific exemptions are granted, there is no way to dump a copy-protected ROM legally.
What we can do regardless of any contracts that disallow anything Nintendo (or another company) is to broadcast, right? Unfortunately, although PlayStation consoles let you broadcast, the EULA SPECIFICALLY prohibits it for whatever reason.
Edit: If companies end up prohibiting emulation AND reverse-engineering (due to EULAs), then none of the reverse-engineering protections in an emulator would apply for anti-circumvention (in terms of is this emulator legal?), because the emulator developers would get slapped with an EULA. If all else fails, it might be better to STOP buying the products in question that have these prohibitive EULAs so companies would implement less restrictive EULAs. Because we always have consumer choice, right??