The art of emulation: Discussing illegalities and preservation

Whenever consoles are brought up in specific conversations, it is not uncommon to hear the terrm “emulation”accompanying the topic. Video game emulators are incredibly popular today, and are single-handedly responsible for keeping the spirit of retro gaming alive and kicking. Tech hobbyists and gamers alike have worked hard over the years to create an archive of gaming that’s forever accessible by players of all demographics.

At the same time, emulation is an incredibly sensitive topic with many video game publishers claiming this medium often tends to border on piracy. Of course, their worries are not unfounded for various reasons.

The fact remains that emulation is a double-edged sword, balanced between two tips: illegality and preservation. Let’s weigh the pros and cons of the topic as a whole.

What exactly is video game emulation?

To put it simply, an “emulator”is a software designed to mimick or emulate (hence the name) a target platform’s hardware via a virtual medium. In other words, a console emulator allows a PC to temporarily function as a “digital”console and run its associated game files (called ROMs or ISOs). Retro-console emulation is particularly popular due to the bite-sized game files and feather-light system requirements. But how exactly did they come to be in the first place?

Back then, dedicated fans found themselves reverse-engineering various games across arcade platforms to create a rendition for an entirely different system. With the rising popularity of dedicated gaming devices (i.e. home consoles) back in the late 90s, console games also saw much atttention due to their exclusivity on their respective hardware.

At the same time, advancements in PC hardware, particularly CPU speeds, led to further leaps among emulators. In short, the late 90s saw a plethora of successful emulators that allowed PC players to enjoy Nintendo and SEGA classics on their home computers. Of course, this begs a major question:

Is emulation illegal?

Technically speaking, no. Emulation is perfectly legal and widely practiced even among console-makers themselves. In fact, the Nintendo Switch Online (NSO) service has employed emulation to bring many NES, Super NES, Nintendo 64 etc. titles to the popular handheld system. In fact, the Super Mario developer has been using software-based emulation as a means of bringing over older titles to newer platforms since the Nintendo Wii.

This applies to games and software as well. As long as users have ripped the ROM from their legally obtained copy and harvested system files (such as the PS2 BIOS needed for the console’s emulation) from their purchased hardware, no one will bat an eye. Rather, it is the online distribution of the games themselves that is illegal since it counts as piracy. Of course, that is still not stopping players from sharing ROMs across the net.

This battle between publishers and gamers has been a thing for a while now. The most popular victim of the fiasco has been the ROM-hosting site Emuparadise, which took down ROM files for all consoles after almost two decades of public service. This has closed off one of the biggest means of enjoying retro games. That has not stopped other methods around the internet from popping up, of course.

But it is true that emulation can be detrimental to console makers. There is no better example for this than current-gen console emulation, such as the Nintendo Switch. Yuzu and Ryujinx are two popular Switch emulators that have ballooned in popularity thanks to Nintendo’s stellar lineup of first-party games that cannot be played elsewhere. Coupled with the handheld (and hence unintensive) nature of the target hardware, Switch emulators run incredibly smoothly these days.

Thanks to the internet, this allows players to essentially pirate brand new Switch titles, like The Legend of Zelda: Tears of the Kingdom, and play them on PC using Yuzu. While emulator developers could take steps to lessen the impact of this via staggered releases between the game and its ISO copy, it is not feasible. And in the long run, piracy is honestly completely unavoidable. Because the truth is, piracy is the only way to preservation.

Why piracy-led emulation is a necessity

It is no secret that console-makers have not been as vigilant as they should be with regards to game library accessibility for their users. For one, PS3 titles are inaccesible on the PS5. At least not without an internet connection and subscription to the PS Plus service – and even that features a limited catalog.

Things get more confusing with Nintendo as its hardware changes drastically between generations. This means emulation may not be always possible due to physical reasons (like the dual-screen of the Nintendo DS).

Sure, the Nintendo Switch Online service has many games to check out, but its not a permanent solution either. This leaves fans wth no choice but to create personal libraries of ROMs and emulators that they can access anytime, anywhere. At the end of the day, this is the natural path for video game preservation. After all, real hardware can break down or cease manufacturing, while physical media can be lost or become scarce.

Many games have not made it over via discreet ports to modern platforms either; especially if these are niche titles that do not have much demand. The cult-classic SEGA Saturn RPG “Panzer Dragoon Saga”is an excellent example of this. Top it all off with the scalpers on eBay selling physical retro game copies for hundreds if not thousands of dollars, and piracy-backed emulation is a no brainer.

On the other end, it is not feasible for console-makers to provide every game across their libraries due to issues pertaining to licensing and source code/backups. Furthermore, they do not see profits from games they do not have on sale in the first place – especially if it is a legacy console whose golden days are over. So ultimately, the cards fall in favor of the users. After all, a dedicated community with complete freedom can do far more than an organization legally can.

Even in the face of adversity from console companies, this team effort between passionate underground gamers is what has sustained emulation over the years. And that is not likely to change anytime soon.

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