Are retro handheld consoles legal?

The question of whether retro handheld consoles are legal is nuanced and depends on several factors, including the hardware, the games, and where you are located. Let’s break down the different aspects of legality and see what is allowed and what may raise legal concerns.

1. Retro Handheld Consoles with Original Hardware

If a handheld console is using original hardware from retro systems (e.g., a Game Boy, Game Boy Advance, Nintendo DS, or PSP) and is being used to play original games that were legally purchased, it is generally legal.

• Official Consoles: If you buy an official retro handheld from the manufacturer (e.g., an official Nintendo or Sony product), then it is completely legal. These devices are licensed and intended for use with the official games they were designed for.

• Examples of Official Products:

  • Game Boy (original and Color)
  • Game Boy Advance
  • Nintendo DS
  • PlayStation Portable (PSP)
  • Neo Geo Pocket Color

  These systems are perfectly legal to buy and use, as long as you follow copyright rules regarding the games.

2. Retro Handheld Consoles (Non-Official)

Non-official or third-party retro handheld consoles are devices that replicate the functionality of older gaming systems, but may not be made by the original manufacturers (e.g., RetroFlag or Anbernic handhelds). These consoles are often legal to purchase and use, but certain aspects can potentially raise legal issues:

a. Use of Emulators

Many third-party retro handhelds come pre-installed with emulators, which are software programs designed to run games from older consoles (such as NES, SNES, or PlayStation 1 games). The emulator software itself is typically legal, but things get complicated when it comes to the games that are used with these emulators.

• Legal Issue with ROMs: The major concern is the use of ROMs (Read-Only Memory), which are digital copies of games. Downloading or distributing ROMs of commercially released games without permission is illegal, because it infringes on the copyrights of the game developers and publishers.

• Legality of Emulators: Using an emulator to play games that you own is usually legal, but it crosses into illegal territory if you download or distribute ROMs for games you do not own.

b. Licensed Handhelds (With Pre-loaded ROMs)

Some handheld consoles (like the Retro-Bit or AtGames devices) come pre-loaded with licensed retro games from companies like Sega or Atari. In these cases, the handheld and the games are legal because the company has obtained licensing to distribute those games on the platform.

For example, AtGames offers various retro handheld consoles that come pre-installed with Sega Genesis games, and since they’ve obtained the licensing from Sega, these consoles and their games are legal.

• Licensed Retro Handhelds: If the handheld console and the included games are officially licensed by the original game publisher or console maker, then it is legal to own and use.

3. Legal Concerns with Custom Retro Handhelds

Many users prefer to customize or build their own handheld consoles using Raspberry Pi or similar DIY kits, which are capable of running emulators and ROMs. When it comes to custom-built retro handhelds, the legality largely depends on:

• Pre-installed ROMs: If the user installs ROMs of games they do not own, this violates copyright laws. Downloading ROMs of games from unofficial sources is considered illegal in most countries, even if you own a physical copy of the game.

• Backup Copies: In some cases, making a backup copy of a game you legally own may be legal in certain jurisdictions. However, distributing those ROMs or downloading them from unofficial sources is not legal.

• Custom Retro Handhelds: Building your own handheld using a Raspberry Pi or similar device is legal, but it is your responsibility to ensure that you use legally obtained ROMs. If you own the original game cartridges and you make the ROMs yourself, this can fall within legal boundaries in certain areas.

4. Is There a Risk of Legal Action?

While many companies and organizations don’t actively pursue legal action for the use of emulators and ROMs for personal use, distributing ROMs or selling devices pre-loaded with unlicensed games can lead to legal issues. Companies like Nintendo and Sony have been known to take legal action against those who illegally distribute ROMs or sell emulator-based systems with illegal game copies.

For example:

• Nintendo has taken legal action against websites that distribute ROMs or sell consoles pre-loaded with illegal game copies.
• Sony and other game companies have also pursued actions against websites or individuals selling emulator-based consoles or offering pirated ROMs.

However, for personal use (not for distribution), the risk of legal action is relatively low. But it’s always important to be aware of the laws in your region.

5. What Are the Legal Alternatives for Retro Gaming?

If you want to enjoy retro games without worrying about legal concerns, consider these legal alternatives:

1. Official Retro Consoles: Companies like Nintendo and Sega offer mini consoles (e.g., NES Classic, SNES Classic, Sega Genesis Mini) that come pre-loaded with a collection of officially licensed games. These consoles are 100% legal and allow you to play a selection of retro titles without any risk.

2. Retro Game Collections: Many modern consoles like the Nintendo Switch, PlayStation 4, and Xbox offer retro game collections for sale, which provide legal access to classic games. Examples include the SNK 40th Anniversary Collection and the Sega Genesis Classics.

3. Digital Game Stores: Platforms like Steam, Nintendo eShop, PlayStation Store, and Xbox Marketplace often sell digital versions of classic games for download, giving you access to retro titles in a legal and secure way.

4. Game Subscription Services: Subscription services like Nintendo Switch Online and Xbox Game Pass also offer access to retro games as part of their libraries. These services are licensed and legitimate, offering a legal way to play vintage titles.

Conclusion

Retro handheld consoles themselves are generally legal to buy and use. The potential legal issues arise when it comes to the games used on these devices. Using emulators or ROMs of games you don’t own can infringe on copyrights and lead to legal consequences.

To stay on the right side of the law:

• Ensure that you only use legally obtained ROMs or play licensed retro games.
• Stick with official retro consoles or retro game collections that come with pre-licensed games.

As long as you’re mindful of copyright laws and use legal sources for your games, retro handheld consoles can offer a fantastic way to enjoy classic gaming experiences while staying on the right side of the law.