Very much a thing within the reach of the average consumer with something like the MigSwitch Dumper. You get the game you paid for and none of the nasty bits (other than some emulation pain here and there).
You don’t. You see, Nintendo encrypts their games and basically outlaws any way to access decryption keys from your own console. In your proposal you don’t even own a Switch to lawfully or unlawfully obtain the keys from, meaning that you’ll 100% have to acquire those “illegally”.
I own three switches for what it’s worth. I’ve purchased them legally and I purchased the games legally as well. I’m not a lawyer, but I feel like I’m operating within the law here.
There are Switch owners who buy Switch games, dump (in other words backup copy) that on their PC as a ROM and then play it on the Switch Deck. Even this best case scenario is a grey area in some countries. And that is something most people won’t do.
Owning alone is not enough. You need to dump it yourself. Downloading others Roms, even if you own the game, is illegal. Because you are only allowed to play what you dumped yourself, not the backup copy of a different individual cartridge.
As far as I know, that’s never been tried in court in Canada, and there’s reason to suspect that may not be the case here. (Although I’m not a lawyer, so I may be mistaken.)
Downloading Roms from others is basically taking their copy. Its not a copy of your individual cart. And that’s the thing. You have the right to make a copy of your cart and use it. But you are not allowed to distribute the copy. One could probably get away by using Roms from others, but that is open to interpretation of law for individual countries. However the distribution itself is not allowed, in any (normal) country. And I also don’t believe (believe is not knowledge, I have no knowledge of Canadas laws) distributing personal backup copies is allowed in Canada as well.
Using copies from libraries is something different BTW, as these are not personal backups and are meant to be used by many other people. But that can be complicated too, in example in case of Archive.org. It’s a library in the US, but not other countries in the world.
Downloading content is almost definitely legal in Canada, and non-commercial digital distribution has never gone to court, so its legality hasn’t been established.
I can’t find the source, but I recall reading speculation that sharing backup copies between owners of the media is likely legal in Canada but, again, it hasn’t been tried by courts, so its legality hasn’t been firmly established.
Anyway, with non-commercial digital distribution not having any legal teeth in Canada, it’s effectively legal and its literal legality is unknown.
Assuming this is the correct source for Canada’s law about copyright. In the section about backup copies 29.24 (1):
( c ) the person, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented; and
( d ) the person does not give any of the reproductions away.
So (d) means it is not allowed to distribute the backup copy. As far as I understand. This is standard in most countries in the world. Also I cited ( c ), because this is usually also standard law. Normally, you are only allowed to make backups, if you do not circumvent any protection. Well its up to the interpretation if the Switch has such protection measure that falls into this category. But still, for our topic, (d) is relevant and seems to not allow for distribution of backup copies.
Mind you, I am also not a lawyer. And not everything needs to go to court in order to have an understanding of the law. Off course, unless it is a bit of grey area like in the case of ROMs. But I think this is addressed in the above quote. I hope this is the correct source! So for the time being, I have to assume law regarding this is just the same as in most other countries, because there is nothing else for me to evaluate here.
Yeah but you can’t legally play Mario on it
Actually you can, as long as you own the game and are playing a backup of it.
Very much a thing within the reach of the average consumer with something like the MigSwitch Dumper. You get the game you paid for and none of the nasty bits (other than some emulation pain here and there).
You don’t. You see, Nintendo encrypts their games and basically outlaws any way to access decryption keys from your own console. In your proposal you don’t even own a Switch to lawfully or unlawfully obtain the keys from, meaning that you’ll 100% have to acquire those “illegally”.
Not that I care for the record
I own three switches for what it’s worth. I’ve purchased them legally and I purchased the games legally as well. I’m not a lawyer, but I feel like I’m operating within the law here.
You really got them!
There are Switch owners who buy Switch games, dump (in other words backup copy) that on their PC as a ROM and then play it on the Switch Deck. Even this best case scenario is a grey area in some countries. And that is something most people won’t do.
Who gives a fuck whether it’s legal?
Please do not swear at me
You can if you own the Mario game…
… but I just downloaded a 1TB Batocera Switch image to run from MicroSD.
Owning alone is not enough. You need to dump it yourself. Downloading others Roms, even if you own the game, is illegal. Because you are only allowed to play what you dumped yourself, not the backup copy of a different individual cartridge.
Depends on your jurisdiction.
As far as I know, that’s never been tried in court in Canada, and there’s reason to suspect that may not be the case here. (Although I’m not a lawyer, so I may be mistaken.)
Downloading Roms from others is basically taking their copy. Its not a copy of your individual cart. And that’s the thing. You have the right to make a copy of your cart and use it. But you are not allowed to distribute the copy. One could probably get away by using Roms from others, but that is open to interpretation of law for individual countries. However the distribution itself is not allowed, in any (normal) country. And I also don’t believe (believe is not knowledge, I have no knowledge of Canadas laws) distributing personal backup copies is allowed in Canada as well.
Using copies from libraries is something different BTW, as these are not personal backups and are meant to be used by many other people. But that can be complicated too, in example in case of Archive.org. It’s a library in the US, but not other countries in the world.
Downloading content is almost definitely legal in Canada, and non-commercial digital distribution has never gone to court, so its legality hasn’t been established.
I can’t find the source, but I recall reading speculation that sharing backup copies between owners of the media is likely legal in Canada but, again, it hasn’t been tried by courts, so its legality hasn’t been firmly established.
Anyway, with non-commercial digital distribution not having any legal teeth in Canada, it’s effectively legal and its literal legality is unknown.
https://www.laws-lois.justice.gc.ca/eng/acts/C-42/page-6.html#h-103344
Assuming this is the correct source for Canada’s law about copyright. In the section about backup copies 29.24 (1):
So (d) means it is not allowed to distribute the backup copy. As far as I understand. This is standard in most countries in the world. Also I cited ( c ), because this is usually also standard law. Normally, you are only allowed to make backups, if you do not circumvent any protection. Well its up to the interpretation if the Switch has such protection measure that falls into this category. But still, for our topic, (d) is relevant and seems to not allow for distribution of backup copies.
Mind you, I am also not a lawyer. And not everything needs to go to court in order to have an understanding of the law. Off course, unless it is a bit of grey area like in the case of ROMs. But I think this is addressed in the above quote. I hope this is the correct source! So for the time being, I have to assume law regarding this is just the same as in most other countries, because there is nothing else for me to evaluate here.
Maybe, but who cares?
Actually, you can download and play roms legal in switzerland.
I don’t legally play Mario on my switch either
Reported
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Please don’t swear at me
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Reported, enjoy your ban for harrassment
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Then I will file a criminal complaint against you with the police.
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