A question regarding video game guides for Delta emulator, probably for admin

By DMNagel, 20 December, 2024

Forum

iOS and iPadOS Gaming

Would forun topics/video game guides for the Delta emulator be allowed? I ask because, while retro video games are obviously inaccessible, some of them can nevertheless become playable with the right knowledge, like knowing the menu layouts for example. I was hoping to put together a post/guide for one of my favourite games, Ring King for the Nintendo entertainment system, which can be played using the Delta emulator. Of course, this guide will not provide info on how to obtain these games, but will focus on navigating the menus and gameplay, assuming the user already has the game or know how to find it themselves. I would appreciate an answer from admin, as I do not wish to risk violating any rule. Thanks in advance.

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Admin Response

Hi DMNagel,

We appreciate you asking and your interest in following our posting guidelines.

My understanding is that game emulators themselves are allowed on the App Store, but not all game creators allow their games to be played on emulators. From everything I have read on this topic, Nintendo falls squarely into this category.

Our policy is to prohibit posting illegal content, such as the illegal use of licensed software or using software in ways that are not permitted by the license agreement. As Nintendo does not allow for its games to be played using emulation software, this is not something that can be discussed on AppleVis.

Thanks,

Michael

Does this apply to Nintendo…

Does this apply to Nintendo systems, or games? If that game isn't a Nintendo title, it seems allowable. Since Delta contains a Nintendo emulator, as well as SNES and N64, Gameboy, Gameboy Advance, NDS, and more, and Retroarch, which is also accessible, contains even more, then it should be allowable per Apple's own guidelines. I'll await more clarification, if we can talk about games made for Nintendo systems, and just not Nintendo games. I plan on covering more modern titles for PSP for example, but I'll wait for if things like these are good to go.

Emulation Not Permitted by Nintendo

Hi Devin,

Our position is that even though the emulator in question may offer the functionality to play Nintendo titles, there is still the issue that Nintendo itself does not authorize the titles to be playable through emulation software.

Nintendo's website has three relevant FAQ items related to this:

Is It Okay to Copy or Download Older Titles That Are No Longer Sold?

No, the current availability of a game in stores is irrelevant as to its copyright status. Copyrights do not enter the public domain just because they are no longer commercially exploited or widely available. Therefore, the copyrights of games are valid even if the games are not found on store shelves, and using, copying and/or distributing those games is a copyright infringement.

While we recognize the passion that players have for classic games, supporting emulation also supports the illegal piracy of our products. Wherever possible, Nintendo and its licensees attempt to find ways to bring legitimate classics to current systems (via Virtual Console titles, for example).

Can I Download a ROM If I Own the Original Game?

No, downloading ROMs from direct download sites, linking sites or other illegal sources, even when you own a copy of the video game, is not allowable under the Copyright Act.

But can’t I make a backup copy if I own the video game?

You may be thinking of the backup/archival exception under the U.S. Copyright Act. There is some misinformation on the Internet regarding this backup/archival exception. This is a very narrow limitation that extends to computer software. Video games are comprised of numerous types of copyrighted works and should not be categorized as software only. Therefore, provisions that pertain to backup copies would not apply to copyrighted video game works and specifically ROM downloads, that are typically unauthorized and infringing.

Because Nintendo has stated that this is their position on emulation software and that this is not permitted, we are obligated to align our guidelines to follow that. To do otherwise could leave us open to legal action.

Thanks,

Michael