The launches of Microsoft's Xbox Series S/Series X and Sony's PlayStation 5 have been met by many with general positivity. But one area where the two 4K gaming giants have not been on even footing is in respect of backwards compatibility, where the Xbox brand has put much of its focus.
Now, through the Xbox "developer mode" option, emulators like RetroArch are allowing Xbox players to play things like GameCube, Dreamcast, and even PlayStation 2 games.
What is the legal status of such an emulator? Of the ROMs it uses? Of the developer program itself?
And what will happen if Sony comes calling?
Let's dive in.
Xbox: Powering your PS2 Dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UR1l9DWrIXM
Discussed in this episode:
"Xbox Series S owners are playing PS2 games via emulation" VGC - November 30, 2020 - Tom Ivan https://www.videogameschronicle.com/news/xbox-series-s-owners-are-playing-ps2-games-via-emulation/
"PlayStation 2 Games are running on the XBOX Series S | MVG" YouTube Video - November 30, 2020 - Modern Vintage Gamer https://youtu.be/psTunlgKOMM
"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)" YouTube Video - November 20, 2020 - Hoeg Law https://youtu.be/dTMWug67InQ
"Copyright and Digital Files" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-digital.html
"Limitations on exclusive rights: Computer programs" 17 USC 117 https://www.law.cornell.edu/uscode/text/17/117
"END USER LICENSE AGREEMENT" SEGA https://www.sega.com/EULA
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
17 USC 1201 - 2018 Final Rules https://www.govinfo.gov/content/pkg/FR-2018-10-26/pdf/2018-23241.pdf
"Xbox One Developer Mode activation" Microsoft Webpage https://docs.microsoft.com/en-us/windows/uwp/xbox-apps/devkit-activation
"Xbox One Developer Mode Activation Program" https://docs.microsoft.com/en-us/legal/windows/agreements/xbox-one-developer-mode-activation
"How one developer is sneaking emulators through a hole in the Xbox Store" Ars Technica - November 25, 2020 - Kyle Orland https://arstechnica.com/gaming/2020/11/how-one-developer-is-sneaking-emulators-through-a-hole-in-the-xbox-store/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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