It may seem ok to make old C64 games available for download for nostalgic purposes, although copyrights are still valid for a long time...
There's a few arguments for Nostalgia...
Firstly, many of the programs are more than 15 years old.
Secondly, no Commodore 64 software is available for sale from any retail outlet anywhere and because no software is available at a reasonable fee, this supposendly allows users to copy the software freely because it doesn't damage anybody's business (No company is losing profits/money, since none of the old stuff can be found anywhere on sale!).
Thirdly, the Commodore 64 is an obsolete machine (the company went bankrupt in 1994) because no-one is sure who owns the rights to the 64.
In any case, if someone has a problem or concern with me posting games on my page, they should email me or PM me and I'll remove the problem.
Having said that, the C64 is long gone and isn't coming back! I can't go to any Computer store and just simply buy it. Thus, how can it violate any sort of breach of copyright or other legal stuff, if an average person that used to have a C64 can't have one now?
If I have intentionally infringed on anyone's copyright or trademarks - I apologize (email me immediately so that I can fix the problem...)
Wait, is this all really really legal???
Legalwise:
Doing/owning an emulator is not illegal. Usually, an emulator is written by using publicly documented information about the chips inside a home console or an arcade machine. How to make it all work and how to emulate a custom chip within the system to be emulated is usually done by trial and error, until it works.
What is illegal is to a) include ROMS with an emulator, and b) be in possesion of ROM images of games that you do not own. But even this is a little dubious...
Section 117 of the U.S.C. Title 17 (Copyright law), states:
(Note: different countries may have slighty different laws)
Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner."
Console games/arcade games are classified as computer programs.
So, according to the copyright law, you CAN own a copy of a software program you own(contrary to what Nintendo and the IDSA wants you to believe). But in the case of ROMS, you can't copy them so websites have to distribute them.
About copies of software that you do not own, the Copyright Information Act Proposed Update of 1995 states:
"Any software no longer being sold with a copyright older than 2 years becomes public domain, the reason being that such software becomes obsolete because of advancements on the medium and technology."
So, old games are now public domain. It is still unresearched if the update was passed. More research on this will be soon made...
Still, even if you/we might be on the legal side, we are in the emulation scene because of the classic games. To preserve these games. They just can't cease to exist. But to protect the industry, it is a self-applied rule among emulator programmers and webmasters to not emulate/distribute newer games.
If you have or represent a business which feel that this collection harm your business in any way, then please let me know and I shall remove the part disturbing you. The intention is not to cause harm, but to spread a part of the history we're proud of!!!