this post was submitted on 10 Jul 2023
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Emulators are not illegal, where did you get that from?
There are legal problems when creating emulators, sure people work hard to avoid them, but I don't think they should have to do that in those cases, so I specifically wrote "all emulators" should be legal. For example, Dolphin to work requires cryptographic keys that technically belong to Nintendo, so they may be sued for providing them. Some emulators require you to find bios on your own because they can't legally provide them, and their emulator doesn't work without it.
If you bundle cryptographic keys, bios or other copyrighted content then yes obviously it's illegal.
It's not illegal to implement an emulator.
This isn't necessarily always true. PCSX2, the main PS2 emulator, for example needs a BIOS file that can only be obtained from an actual PS2 (or "illegally"). I'm not sure why that emulator requires it when others don't. The closest thing to an explanation I could find online just said "legal issues", but didn't go into details. That makes me suspect that there was pushback from Sony about the emulator. So if such emulation laws were to be written they absolutely should protect in stone the right to create and use emulators. If a company can find a loophole to block you, they will.
I don't think that makes sense, or at least it doesn't properly qualify the problem. BIOS is a set of baked-in software routines that mediate certain operations between software and hardware. In theory it could be reverse-enginereed and thus emulated just like the rest of the hardware is. In fact, many of the more simple systems (like 8 or 16-bit consoles) have their BIOS emulated. But for more advanced or poorer documented systems, there are, in my view, two problems with that:
On older systems yeah, but on newer systems that rely on cryptographic keys and DRM - and circumventing DRM can still be a crime - it's not so cut and dry. You can't "emulate" away the encryption
That makes sense! I appreciate the thorough reply! I've always wondered why PCSX2 was different than other emulators on that front.
I believe a lot of emulators also include a reverse engineered custom BIO that works in most cases, but you can of course supply the official one if you "have" it.
It's required because a lot of the functionality of the PS2 is in the embedded software, the BIOS.
The problem is not the emulator itself, it's the BIOS which is copyrighted. The emulator is not illegal, but bundling the BIOS with it would be.