FAQ:ROMs

Disclaimer: The following information is not legal advice and was not written by a lawyer.

How do I legally obtain ROMs or disk images to run on MAME?

You have several options:

• You can obtain a license to them by purchasing one via a distributor or vendor who has proper authority to do so.
• You can download one of the ROM sets that have been released for free to the public for non-commerical use.
• You can purchase an actual arcade PCB, read the ROMs or disks yourself, and let MAME use that data.

Beyond these options, you are on your own.

Isn't copying ROMs a legal gray area?

No, it's not. The law is quite clear: it is illegal, period. Even the companies that went under had their assets purchased by somebody, and that person is the copyright owner.

What about those arcade cabinets on eBay that come with all the ROMs?

If the seller does not have a proper license to include the ROMs with his system, he is not allowed to legally include any ROMs with his system. If he has purchased a license to the ROMs in your name from a distributor or vendor with legitimate licenses, then he is okay to include them with the cabinet. After signing an agreement, cabinet owners that include legitimate licensed ROMs may be permitted to include a version of MAME that runs those ROMs and nothing more.

What about those guys who burn DVDs of ROMs for the price of the media?

What they are doing is just as illegal as selling the ROMs outright. As long as somebody owns the copyright, making illegal copies is illegal, period. If someone went on the internet and started a business of selling cheap copies of the latest U2 album for the price of media, do you think they would get away with it?

But buying ROM DVDs from these people helps the MAME team doesn't it?

No, not at all. In fact, they only create more problems for the MAME team. We are not associated with these people in any way regardless of how "official" they may attempt to appear. You are only helping criminals make a profit through selling software they have no right to sell. Anybody using the MAME name and/or logo to sell such products is also in violation of the MAME trademark.

But isn't there a special DMCA exemption that makes ROM copying legal?

No, you have misread the exemptions. The exemption allows people to reverse engineer the copy protection or encryption in computer programs that are obsolete. The exemption simply means that figuring out how these obsolete programs worked is not illegal according to the DMCA. It does not have any effect on the legality of violating the copyright on computer programs, which is what you are doing if you make copies of ROMs.

But isn't it OK to download and "try" ROMs for 24 hours?

This is an urban legend that was made up by people who put ROMs up for download on their sites, in order to justify the fact that they were breaking the law. There is nothing like this in any copyright law.

If I buy a cabinet with legitimate ROMs, can I set it up in a public place to make money?

Absolutely not. Not only is it against the MAME license to use MAME for commercial purposes, but ROMs are typically only licensed for personal, non-commercial purposes.

But I've seen Ultracade cabinets out in public places? Why can they do it?

Ultracade has two separate products. The Ultracade product is a commercial machine with commercial licenses to the games. These machines were designed to be put on location and make money, like traditional arcade machines. Their other product is the Arcade Legends series. These are home machines with non- commercial licenses for the games, and can only be legally operated in a private environment.

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