I've been trying to reply since two nights ago, but my comp has been having some weird problems, so i'm going to try again. Pretend this came after FutureDevilDog's second post.
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Very well. Let's bust out the p\/\/|\|4g3.
Here's the disclaimer for reference:
By entering our ROMs section, you MUST agree with the following disclaimer:
The ROMs on the following pages are for backup purposes only. If you do not own the actual game, you must delete the ROM from your hard drive within 24 hours.
These ROMs will never be sold for profit, or distributed with emulators as a package.
You will never hold anyone here at
coolrom.com, or any other CoolROM domain (this includes but not limited to the webmaster, staff members or our host) for any damages caused by the ROMs or emulators.
For legal issues, if you are affiliated with any government, anti-piracy group, IDSA group, former workers of, or any other related groups or organizations, you will not enter the website, download any of the files, or view any of the HTML. If you enter this site, you disagree to these terms violate code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995. This means you cannot persecute our ISP(s), any person(s), or company that is storing these files. You cannot persecute family, friends, individual(s) who runs or maintains this website, visitors, or anyone affiliated with this website.
We reserve the right to change this policy any time.
If you agree to all of the above, you may enter.
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Ok, let's begin.
1. This type of "disclaimer" is not legal because it is a unilateral agreement that would take away the copyright owner's right to defend his work against infringement.
2. It cites
"code 431.322.12 of the Internet Privacy Act" as a law that protects its piracy. This law does not exist.
3. Yes, it is legal to make an archival copy of software that you already own (provided that it isn't explicitly denied in the EULA), BUT:
"any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred." -US Copyright Office
Therefore, you are allowed to make "backup" copies of software that you currrently own, but you can not sell or otherwise distribute your backup unless you're also giving the original file with it.
In other words, that disclaimer is complete hogwash. Those ROMs are very much illegal. Taking legal advice from pirates is like taking medical advice from a drug dealer.
Sources:
Nintendo Copyright FAQ
10 Big Myths about Copyright Explained
Copyright FAQ: 25 common myths
US Copyright Office
If you still want to do it, well, I can't stop you. But take it off of a public place such as this forum to avoid any trouble.