Console vs PC: the legal side

Recently I have been looking into the law and I have realized a few key parts that comes out differently to the normal narrative normally pushed in the argument.

One of the common arguments used against PCs are the console exclusives (despite the much larger list of exclusives on PC) however there is emulation on PC. It is commonly thought that emulation is simply piracy and therefore illegal however it isn’t as much of a cut and dry case. In many countries there is exemptions in the law for emulation such in America; many google searches will lead you to this information however I was incapable of finding this information in the official legal documents that they first appeared in. Here in Britain, its not nearly as simple, there is a lot of talk about copyright law surrounding emulation here in Britain as where there is technically no problem emulating a lot of hardware, it is hard to classify a lot of the software including some of the classics from older generations of consoles that people might play purely for nostalgia. You can read up on the current law in this document that quite fairly discusses the situation.

http://www.bileta.ac.uk/content/files/conference%20papers/2005/Software%20Emulation%20in%20the%20Light%20of%20EU%20Legislation.pdf

Another argument given is that piracy is much easier on PC than it is on console and unwanted games can be sold on console due to them being physically printed. These are contradictory statements as whilst piracy is bad for the creators, reselling an unwanted game isn’t any better and can go against some Eula’s if you weren’t careful to read them fully. Reselling a game can be really hurtful to a creator as they aren’t getting any money for that sale whereas if people weren’t reselling games then they would ultimately gain a lot more money. A developer loses just as much money if you buy game second hand as if you were to pirate it which is unfortunate and probables the reason why some developers don’t make much of an effort to take down pirates.

This is an ongoing conversation and there is a lot more to these points than I could mention in this blog so make sure to do your own research and look at multiple sources before making your own points. I would love to see your own opinions so please feel free to leave them here.

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