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There’s nothing quite like reliving your childhood with your favorite retro games, but are emulators and ROMs legal? The internet will give you a lot of answers, but we talked to a lawyer to get a more definitive answer.
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Emulators are legal to download and use, however, sharing copyrighted ROMs online is illegal. There is no legal precedent for ripping and downloading ROMs for games you own, though an argument could be made for fair use.
To find out, we asked Derek E. Bambauer, who teaches Internet law and intellectual property at the University of Arizona’s College of Law. Unfortunately, we discovered that no definitive answer truly exists, since these arguments have yet to be tested in court. But we can at least bust some myths that are floating around out there. Here’s what you need to know about the legality of emulators and ROMs in the United States.
Emulators Are Almost Certainly Legal
Let’s start with the easy stuff. Despite what you may have heard, there’s not a lot of question as to whether emulators themselves are legal. An emulator is just a piece of software meant to emulate a game system—but most don’t contain any proprietary code. (There are exceptions, of course, such as the BIOS files that are required by certain emulators to play games.)
But emulators aren’t useful without game files—or ROMs—and ROMs are almost always an unauthorized copy of of a video game that’s protected by copyright. In the United States, copyright protects works for 75 years, meaning no major console titles will be public domain for decades.
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But even ROMs exist in a bit of a grey area, according to Bambauer.
The Possible Exception for ROMs: Fair Use
To begin: downloading a copy of a game you don’t own is not legal. It’s no different from downloading a movie or TV show that you don’t own. “Let’s assume I have an old Super Nintendo, and I love Super Mario World, so I download a ROM and play it,” said Bambauer. “That’s a violation of copyright.”
That’s fairly clear cut, right? And it more or less aligns with the language regarding ROMs on Nintendo’s website, where the company argues that downloading any ROM, whether you own the game or not, is illegal.
But is there a legal defense? Possibly, if you already own a Super Mario World cartridge. Then, according to Bambauer, you might be covered by fair use.
“Fair use is a fuzzy standard, not a rule,” Bambauer explained. He says he could imagine a few possible defensible scenarios. “If I own a copy of Super Mario World, I can play it whenever I want,” he notes, “but what I’d really like to do is play it on my phone or my laptop.” In this case, downloading a ROM could be legally defensible.
“You’re not giving the game to anybody else, you’re just playing a game you already own on your phone,” said Bambauer. “The argument would be there’s no market harm here; that it’s not substituting for a purchase.”
Now, this isn’t black and white; just a potential legal argument. And Bambauer is quick to admit it’s not a perfect one.
“This is by no means a slam dunk argument,” said Bambauer, “But it’s by no means a silly one.” After all, Nintendo could argue that by emulating the game on your phone, instead of buying their official port of a game, they’re losing money.
But, while there is no precedent specific to gaming, there is in other markets. “In the music industry, everyone accepts that space shifting is legal,” Bambauer notes. You can see where this gets complicated.
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What If You Rip Your Own ROMs?
A common argument online is that extracting a ROM from a cartridge you own is perfectly legal, but downloading ROMs from the web is a crime. Devices like the $60 Retrode let anyone extract a Super Nintendo or Sega Genesis game over USB, and state their legality over downloads as a key selling point. After all, ripping a CD you own with iTunes or other software is broadly considered legal, at least in the United States.
So is ripping a ROM you own any different than downloading one? Probably not, says Bambauer: “In both cases what you’re doing is creating an additional copy.”
Now, Bambauer could imagine constructing an argument about how one is different than the other, and he admits the optics are different. But he doesn’t think the two situations are all that distinct, legally speaking.
“I think if the argument is, if I were a skilled engineer, I could extract this and have a copy,” said Bambauer. “If we assume, for a moment, that if I did that it would be fair use, then it shouldn’t be different.”
Sharing ROMs Is Unambiguously Illegal
This fair use argument is potentially very wide reaching, but there are limits. “The trouble comes when it’s no longer just me having a copy, it’s giving other people a copy,” said Bambauer.
Consider the entertainment industry. The RIAA and MPAA have found more luck going after the sites and people sharing music, rather than the downloaders. For ROMs it largely works the same way, which is why sites that share games are so frequently shut down.
“Once you’re distributing a ROM, most of the people downloading it probably don’t have legal copies of the game,” said Bambauer. “Then it is market harm, because Nintendo should be able to sell to those people.”
Because of this, it might be a good idea, even if you own a game, to avoid downloading ROMs from peer-to-peer networks, where you’re sharing a copy of the game as you download it.
What If a Game Isn’t Currently On the Market?
Many people argue online that if a game isn’t currently available on the market, downloading a ROM is legal. After all: there can’t be market harm if a game is not currently for sale in digital form.
That argument might not be airtight, according to Bambauer.

“On the one hand, there’s no amount of money that will let me get a legal copy of this game,” said Bambauer. “On the other side of the argument, there’s what Disney does.” Disney’s strategy is to put classic movies “in the vault” for extended periods. Instead of leaving films constantly on the market, they periodically re-release them, which builds up demand and increases sales when that release actually comes.
Video game companies could argue they’re doing the same thing with currently unreleased games, and that ROMs are driving down the potential market value. “It’s a close case,” says Bambauer, “and hasn’t been tested a lot.” But they could make that argument.
At the same time, he notes, a game not currently being on the market could potentially be a useful part of a defense, particularly if you’re downloading a game you already own.
“I couldn’t buy a copy anyway, and I already own a copy,” said Bambauer, again hypothetically. “So it’s kind of like owning a CD, and ripping it on my own.”
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All of This Is Mostly Hypothetical
You’re probably starting to see a pattern here. ROMs are such a grey area because there are potential legal defenses on both sides—but no one’s truly tested these arguments before. Bambauer couldn’t point to any case law specifically about video game ROMs, and was mostly just extrapolating from other areas of Internet copyright law.

If one thing is clear, though, it’s this: if you don’t own a legal copy of a game, you don’t have any right to download it (yes, even if you delete it after 24 hours, or other such nonsense).
Image credit: LazyThumbs, Fjölnir Ásgeirsson, Hades2k, Zach Zupancic, wisekris
#1WoWroMs
WoWroMs is a website of game ROMs from different platforms such as Game Boy Advance, Super Nintendo Entertainment System (SNES), and PlayStation Portable (PSP).
Free
Amon BritnyWritten on October 17, 2018'there is no limitation for download, a huge library and the download is fast. you can also download some roms from torrent like ps2 roms'Thanks for voting! Please tell us why you like it!
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#2RomsMania.com
RomsMania.com is a website where users can download free ROMs from various consoles. Users can also download emulators to use with their games on this ROM site.
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Rose MartinWritten on June 27, 2018'Hehe this is a really good site where you can get ROMS from all sorts of gaming platforms. I use this to complete all the Pokemon games, and I have still not finished with them all. Hehe. I like that this site has a handy list of popular consoles at the side so I can easily browse through the selection. Very nice. 'Thanks for voting! Please tell us why you like it!
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#3Retrostic
Retrostic is a website providing direct download links of retro games in a ROM or ISO form. It also has emulators to run ROM and ISO files. There is even a request page to ask them to add a particular game on their catalog.
Free
Emily LopesWritten on April 29, 2019Thanks for voting! Please tell us why you like it!
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Where To Download Game Roms Easily Play
WHAT’S THE MEANING?
ROM, which stands for read-only memory, is a type of computer memory that is hard-wired and cannot be changed. It is often used to store firmware and for storing data that do not need to be modified. A ROM file is typically used in the context of emulation, where the ROM chips of video game cartridges are copied and run on a software called an emulator, making it possible to play the game without using the console it is made for.
DID YOU KNOW?
There are ROM files for games for virtually every console. This makes it easy and convenient for players to take a walk down memory lane and play games for nostalgia, especially for older consoles that may not be available anymore due to old age, like the 1983 Nintendo Entertainment System. In a way, ROMs immortalize these games and make them available to play for everyone, despite their age and loss of original hardware. Additionally, ROMs can be modded to provide a new gaming experience for players, whether by improving the graphics, increasing the difficulty, or adding twists to classic games. However, because of ROM files’ hackability, they can become a vector for malware and viruses. Make sure to download ROMs only trusted sites to avoid security risks.
#4Internet Archive
Internet Archive is one of your possible choices for downloading game ROMs for free. Aside from that, users can also find other free digital products such as movies and music.
Free
Lidia NúñezWritten on July 26, 2018'@Henry Yeah no lmao. This site isn't entirely legal, and if 'Nintendoot', as you put it, finds ample reason to prove that the site is providing copyrighted content, it'll still get removed from the site. But if it doesn't, well then, I guess this is the place I'll be getting my roms from too. Let's just hope for the best and hope that Nintendo overlooks this particular gem.'Thanks for voting! Please tell us why you like it!
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#5Gamulator
Gamulator is a website that lets users download ROMs of their favorite classic games absolutely free. It also offers lots of emulators to choose from, starting from SNES up to PSP.
Free
Brianna VenegasWritten on April 29, 2019'Best Retro Gaming Website no viruses and you have all the popular retro games in one place. The safest website for this kind of games.'Thanks for voting! Please tell us why you like it!
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#6My Abandonware
My Abandonware, like other ROM downloading websites, has a vast catalog of games to choose for. It has playable ROMs from various platforms like Atari ST and Genesis.
Free
Navya MehtaWritten on July 26, 2018'@Ralph Reynolds I'm with ya on that one, mate. Speaking as someone who doesn't have access to a high-end PC, ROMs and emulators are the only places I can play games without dedicated ram. Unfortunately for us GBA emulator gamers, Nintendo doesn't really care about it's playerbase and I doubt they'll pull the lawsuit back just because a select few wouldn't approve. Their plans for future revenue comes first, after all'Thanks for voting! Please tell us why you like it!
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#7Royal Roms
Royal Roms is one among this list of ROM games downloading sites that users can use to find games like Pokemon from Nintendo DS and Game Boy for free, among others.
Free
Nicole SimsWritten on June 27, 2018'Royal Roms is a really underrated ROM site and I'm actually really surprised that it was included in this ranking. Props to the person that put it here! I have always felt that more people need to use this site since it has really good game ROM collection. Some obscure titles are here too and it's just as easy to use as other sites. It's great so check it out!'Thanks for voting! Please tell us why you like it!
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#8RomsMode
This site of ROMs has games from almost all consoles that most of the millennial a grew up on. RomsMode has Pokemon ROMs from Nintendo GBA and DS, as well as ISOs for PS2 and PSP.
Free
Serg SergovichWritten on October 22, 2018'Big collection of game roms for many consoles. Absolutely free download. Absolutely safe.'Thanks for voting! Please tell us why you like it!
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#9NicoBlog
NicoBlog is a site with free ROMs and ROM packs to download from different consoles like NES and SNES, Game Boy Color and Advance, up to the PS2 ISOs and NoNpDRM files from PS Vita.
Free
Patrick FoxWritten on September 27, 2018'Didn't know this blog would have so many classic games kappa. I gave it a shot and although the DL speed wasn't as fast as the others, they're all worth the wait since 4 games I've DLed have woked well so far.'Thanks for voting! Please tell us why you like it!
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#10Rom Hustler
Rom Hustler is a website to download ROM of games from many different video gaming consoles like Atari 2600 and 5200, up to Sony PlayStations 1 and 2 and PlayStation Portable.
Free
Frank MayWritten on June 27, 2018'This is a good website if you're wanting to download ROMs you can use on your emulators. I have downloaded around 10 games from here already and I haven't had any trouble with viruses or those kinds of things. Some may think that the website is too simple-looking but it works for me and I don't really like fancy designs so it's fine. I recommend this to everyone. 'Thanks for voting! Please tell us why you like it!
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#11Loveroms
This defunct ROM downloading website, Loveroms, used to offer free downloading of playable retro games in the form of ROM files from platforms like Nintendo Game Boy, and more.
Chen YaoWritten on June 27, 2018'Wow. I saw this list and was surprised that this was not at the top of the list! To be fair, though, I do like the other top two sites mentioned here, but I personally use Loveroms more than those two. Maybe it's the website layout (looks like a Super Mario game) that has me hooked but it really is just an all-around great site where I can easily download the games that I want with no fuss. 'Thanks for voting! Please tell us why you like it!
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#12RetrosGames
RetrosGames is one of those services that offer ROMs to download that lets its users play retro games from different classic gaming platforms on their PC and mobile devices.
Free
Learn GameDevWritten on October 11, 2018'I tried it and i loved the interface, it's very nostalgic, and the website is very easy to use.'Thanks for voting! Please tell us why you like it!
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#13Romulation
Romulation, one of the best ROM sites, offers games they can play on emulators from the classic video game consoles such as SNES, up to the most recent like the Sony PlayStation 3.
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Kathy KimWritten on October 18, 2017'Ok, this is the coolest thing ever! I have been a gamer since I was a kid. As with most youth, we don't realize what we had until it's gone because we are always looking at the latest, shiny, new object. Some of the old school games are the best, most fun games, even compared to many of today's titles. The problem is, finding those old games is hard, and then finding the console to play them on is even harder. NOW it's possible to play a lot of old school games on the PC. This is my heaven. My only complaint is that they don't have games as far back as the Atari 2600. If they did, I'd never leave the house again. 'Thanks for voting! Please tell us why you like it!
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#14CoolROM.com
CoolROM.com is a website offering ROMs of various games from different classic gaming consoles that users can download and play on their emulators for free.
Free
José Antonio ÁvilesWritten on July 26, 2018'@Sun Wu I don't really know what you're trying to get across here. This isn't about money or our 'ability to buy new consoles' or whatever TF you're hinting at. Just because a game is old doesn't mean no one wants to play it anymore. Games are an art form, and how they impact the viewer will depend on how much they will stay in a person's memory. And let me tell you, whether or not they admit it, one of the reasons they're banning these old games from emulators is because they want to keep the game on lockdown and inaccessible to people for now so it gains value over time, enabling them to use that value for future sells.'Thanks for voting! Please tell us why you like it!
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#15Complete Roms
Complete Roms is a website like other ROM websites in this list that used to offer free ROMs of retro games from consoles like SNES that users can download and play with their emulator.
Katherine GonzalezWritten on July 26, 2018'@caterina donthaveone Yeah, same. Couldn't access the site for myself as well. Guess Nintendo does work fast in dropping those lawsuits and getting ROM sites shut down. It's a shame though. They obviously want to keep the games in lockdown so they can earn more from them in the near future. I wouldn't fret too much about it, tbh. These sites are a lot like thepiratebay, they get shut down, and they get back up again with the same content and a different domain. Nintendo's fighting a losing battle here. Everyone knows nothing stays off the internet for too long ROFL'Thanks for voting! Please tell us why you like it!
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#16Emuparadise
Emuparadise is one of the largest ROM sites that users can find on the internet. It offers classic video game ROMs and ISO files of different video gaming consoles.
Free
Beverly GonzalezWritten on June 27, 2018'This is my go-to ROM site and I have been using this for the past 2 years or so. I started using it when I had a sudden need to play all of my Final Fantasy games again and I have really enjoyed how easy it is to download my ROMs here, especially since I like playing games on my laptop these days. I highly recommend this site!'Thanks for voting! Please tell us why you like it!
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