this post was submitted on 18 Jul 2023
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We're not in danger of losing anything. There's no putting the genie back in the bottle. How is passing new laws going to magically detect and erase all the PSX, SNES, MAME, etc ROMs that I play offline from my computer? How is it going to prevent people from torrenting these files through VPNs in countries that don't give a rat's ass or sharing encrypted ROMpacks? Jesus, even archive.org is chock full of retro games. Trying to get rid of ROM sharing at this point is like trying to dry up the ocean with a fistfull of cotton swabs.
Plus, emulation itself is not and cannot be illegal, barring a complete redesign of intellectual property law from its very foundation. Games themselves, BIOSes and encryption keys are protected, but an emulator is, in rough terms, "something that achieves the same result through different means", and if that could be made illegal, then someone could patent the hammer and you'd have to pay a fine for nailing two things together with a rock.
We are in danger of losing things though. Sure, we arent going to lose super mario all stars, or any of the Tony Hawk series, but thats not the point behind providing legal protections.
Policy vacuums cause issues. There needs to be legal frameworks in place to properly protect media, as we have already addressed for other types of media. Having them accessible via piracy doesnt achieve the same goals, let alone protect rare/niche/alternate versions/prototypes/otherwise currently unwanted stuff
I agree with you, we need legal protections - but for the future. Even the E.T. game for Atari has ROMs easily available. It was just too easy up until recently (and still is with Nintendo hardware) to dump ROMs and write very functional emulators. I'd say nothing up to the PS3 era is in danger, but that's a very partially educated guess.