You’ve probably seen the ad on Instagram. Temu and a number of Chinese operators are offering you the chance to play hundreds of retro consoles and tens of thousands of games on a device the size of an old audio cassette, all for the modest price of 50 dollars. The offer is more than tempting. However, it raises some serious legal concerns. Are you at risk of going to prison for this? Of course not. But you could find yourself caught in an administrative nightmare.
Gaming: The Legality of Emulators!
Legally speaking, in France, and with case law followed throughout most of Europe, it is perfectly legal to use an emulator. An emulator is a software that recreates the environment of a game console. Emulators have been around since the early 2000s. And no law effectively protects a console maker from having their device emulated on a computer. A few years ago, basic emulators started appearing on the French market, recreating the environment of systems like the Super Nintendo, MegaDrive, and others.
This time, however, China has stepped up its game with super emulators that include all systems from the AMIGA 500 to the PlayStation, including the Dreamcast. While the legality of emulators themselves is mostly undisputed, the ROMs (the games) bundled with these consoles are far less legally clear-cut. In fact, French case law allows for a “backup copy” of your games. This technicality helps protect you in case of legal issues, but in practice, it’s a bit of a stretch. And it would be surprising if the manufacturers of these devices had contacted all the copyright holders for the games to get their permission.
As for the possibility of games protected by copyright in France entering the public domain, it’s not as quick as you might think. In France, video games are protected by copyright for 70 years after the death of the author. Currently, this does not apply to games from the 90s or 2000s, which are still under protection.
Gaming: What Are the Risks?
There’s a catch! Most of these products are shipped from China. While most packages aren’t controlled by customs, a package sent from China is subject to customs duties and may be checked. In addition to customs duties, customs officers might realize that the product is illegal in France or any other European country.
China and the WIPO Treaty
China has indeed ratified the World Intellectual Property Organization (WIPO) Copyright Treaty, which protects intellectual works and adapts them to the digital world. However, the country has been heavily criticized for its lack of enforcement of this treaty. Online piracy, particularly in the fields of video games and software, remains a major issue despite obligations to protect copyright. In this context, buying a product containing emulators with unauthorized ROMs could expose consumers to legal risks, even if the country of origin (China) does not always take strict measures to prevent these practices.
What You Risk If the Product Is Illegal:
If customs officers discover that the product is illegal, they will seize the goods and impose a fine. The severity of the fine will depend on your country of destination, but it can be very high, especially if the product is considered counterfeit (like pirated ROMs of games). If the goods are seized, you will lose not only the product but could also face financial penalties.
Counterfeit Consoles and the Piracy Problem
This “problem” is much broader than it seems, as it challenges the protection of code and digital works. With the rise of all-in-one emulators and Chinese retro consoles, there is a growing risk of counterfeiting that could easily become widespread. In fact, some manufacturers are selling counterfeit consoles under the guise of emulation, offering games protected by copyright without the necessary licenses. After pirated games, this could very well become the next challenge for the video game industry.
So, it’s worth asking yourself before purchasing these products: Is the game you want to play protected by copyright? Does the emulator you’re using comply with the current laws regarding ROMs? And finally, are you willing to take on legal and customs risks for a few retro games?
In summary, while emulation itself is legal, distributing games without permission is illegal, and the risks associated with importing non-compliant products are real. It’s therefore essential to be well-informed before diving into purchasing these cheap retro consoles.
