Repro Selling on Sega-16

[Melf]

In light of recent discussion about bootlegs and repros, I've gone back and taken a long look at the FAQ entry on this subject:

While emulation discussion is permitted due to its importance in the areas of archiving and historical documentation of the gaming industry, no ISO trading, ROM begging, bootlegging, copyright infringement, or assistance with any of these is permitted – for example warez FTP site details. Out of respect to retrogaming stores, game developers, and growing legal concerns, discussion about the obtaining of illegal ROMs is prohibited. Illegal ROMs are defined as any ROM, regardless of age, that has been copyrighted in the past 100 years. Threads discussing the location or acquiring of ROMs and/or illegal (pirated) software will be locked per the discretion of a forum moderator or administrator. As companies continue to release retro games through virtual releases or retro gaming packs for modern gaming systems, the threat of getting a cease-and-desist order grows. In order to preserve the gaming community we've all worked so hard to build, we ask that you respect Sega-16 and refrain from the discussion of illegal ROMs. It doesn't matter what is legal in your country, there are no exceptions to this rule.

In truth, no threads on repros should be allowed here. I've been a bit more lenient than I should have, since the majority of repros being sold were of games not released outside Japan or were of prototypes. In reality, they're still illegal.

Thus, we are breaking our own rules by permitting these threads to exist and prosper. Mind you, I'm not saying I hate repros, because I don't. I'm simply thinking about what possible moral and legal repercussions this could have on the site and forum. I don't want to be hit with a cease-and-desist order or fine, but at the same time I don't want to kill the discussion.

For that reason, I want to consult the community and get some feedback on our current policy.

Thoughts?

[Cornholio857]

I don't see a problem with Repros of unreleased, fan translated or prototype games. But selling Repros/Burned Discs of games that were released IMO I see as a no go.

That's just my 2 cents though.

[Black_Tiger]

How about allowing people to advertise/discuss reproductions/custom cases, manuals and carts but not the roms themselves. What a buyer decides to do with it after that is their own responsibility.

[Melf]

That sounds pretty good. Any sales would have to be done via email or elsewhere.

Sales are what is in question here, BTW, not general discussion. Repro, hack, proto, etc. discussion is still acceptable.

[ThugsRook]

"talk" is OK, links are not, sales are not.

[Black_Tiger]

I think that it should be fine for someone to show off all the working carts they can make for unreleased versions of games and discuss them. Anyone interested in buying or selling can figure out the rest without the need to explicitly spell out how.

[Melf]

That does sound like the best way to go.

Anyone have other ideas? I want to get as much feedback as possible before I amend the FAQ.

[Rusty Venture]

Talk is fine.

Linking and selling should be a no-no.

If someone wants to link to or sell this stuff they can do it outside of the forum.

[synbiosfan]

When you say talk about them, could someone say they make them but not mention the price or that they're taking orders or mention to PM them?

[oldskool]

Maybe if someone is making repros instead of putting a price in the thread just state something like "PM me for more details about how you too can have a personal backup of the game you own, but in a nice customized cart". Or something like that - I dunno. LOL

[j_factor]

What if it's a repro of something like Beyond Zero Tolerance?

[oldskool]

I honestly don't think that the site would be taken down or anything like that. It's not like it's really being advertised here, and unless someone did some digging they wouldn't even notice these threads. Also, it's not like the site promotes it, it's users are the ones that once in a while mention it.

[Clessy]

Honestly I say its all in the clear. No one even goes after sites anymore for stuff this dated. There are more stable romsite now adays than there was back in the golden age of emulation. I know you're just protecting your ass but you're honestly protecting it from the boogy man.

[oldskool]

Yup, pretty much. They are gonna target sites like c*****m and r*******n and places like that because those places blantantly advertise and have downloads available straight of their websites.

I really don't think we have anything to worry about here - I think people are pretty good about keeping the ROM talk and so forth on the down low.

[Flygon]

I would recommend against explicitly naming ROM sites here. Discuss them, don't name them.

Course, I see no issue with it (since everyone here knows what good ROM sites are anyway).