This article, by Chuck Cochems, is an interesting look into the mind of a video game consumer. This particular consumer is annoyed at video game companies (“corporate fat cats”) for their unending bashing of video game emulation. He feels that they are simply out to make as much profit as possible, and do not really care about what is right or legal. However, what starts as just a long rant against the industry morphs into the author’s attempt to find a legitimate, legal defense for video game ROMs. After discarding all of the traditional defenses, he turns to the Betamax case, and focuses on what he refers to as “the personal use defense.” Through his reading of the decision, the author comes to the conclusion that ROMs made for personal use could not be infringing. He also applies this personal use logic to the DMCA, claiming that since a personal use could not possibly be commercial, the DMCA does not apply to copies made by consumers (he also notes catch-22 inherent in the DMCA, that nobody can legally provide the equipment to make a legal backup copy of a video game). So, there does exist a legal means for a consumer to make backup ROMs of a video game.
While the author makes some valid points, a lot of his logic seems to fall flat. The Betamax case cannot be applied to space-shifting quite as easily as Cochems might think, even if it only applies to personal use. And not every personal use is non-infringing; it is clearly possible to infringe on someone’s copyright without selling or trading the infringement. Also, he simply waves the DMCA away with a wand and the magical words “personal use.” This is an unlikely scenario at best, and downright wrong at worst. However, the true power of this article is to demonstrate how important this issue is for a significant segment of consumers. It is clear while reading this article that Cochems cares passionately about video game emulation, if only on an ethical level. He is “sick and tired” of the attempts by the video game industry to stamp out emulation, and he is looking for any legitimate argument to ensure the legality of video game ROMs. The video game industry wants to avoid creating a consumer base that predominantly resembles Cochems. Otherwise, they could find themselves in the same position as the RIAA.