Video games/e-gaming law update – February 2022 | Skadden, Arps, Slate, Meagher & Flom LLP
[co-author: Avanthi Cole]
Main Quest – How to Distinguish the ROM from the Right –
As we review some of the most significant legal issues that have impacted the video game industry over the past year and consider what 2022 may hold, one question stands out for its longevity and nature. seemingly unsolvable: how to deal with ROMs.
The term “ROM” (originally shortened to “read-only memory”) now generally refers to any software used by computer programs called “emulators” that allow users to play older (and in some cases difficult) video games. to find). These early games were stored on ROM computer chips, and so modern software options that recreate such games have also been dubbed “ROM”.
ROMs and emulators have been around almost as long as the video game industry itself, and legal battles over emulators and similar technologies date back to at least 1982.1 However, despite the passage of four decades and the fact Although the legal landscape governing both emulators and ROMs has been pretty well settled, the use of ROMs remains a hot issue. For example, Nintendo of America’s recent lawsuit against the now-defunct RomUniverse website, over the use of Nintendo’s copyrights and trademarks in connection with the ROMs made available on that site, has sparked much criticism from the gaming community, despite the overwhelming acknowledgment of Nintendo’s legal liability. right to assert its rights against online pirates.
Please see the full post below for more information.