PS2 Games Running on Xbox? Developer Mode, Emulation, and Law (VL362)

The launches of Microsoft's Xbox Series S/Series X and Sony's PlayStation 5 have been met by many with general positivity. But one area where the two 4K gaming giants have not been on even footing is in respect of backwards compatibility, where the Xbox brand has put much of its focus.

Now, through the Xbox "developer mode" option, emulators like RetroArch are allowing Xbox players to play things like GameCube, Dreamcast, and even PlayStation 2 games.

What is the legal status of such an emulator? Of the ROMs it uses? Of the developer program itself?

And what will happen if Sony comes calling?

Let's dive in.

Xbox: Powering your PS2 Dreams...in Virtual Legality.

#Xbox #Emulation #PS2

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Discussed in this episode:

"Xbox Series S owners are playing PS2 games via emulation"
VGC - November 30, 2020 - Tom Ivan
https://www.videogameschronicle.com/news/xbox-series-s-owners-are-playing-ps2-games-via-emulation/

"PlayStation 2 Games are running on the XBOX Series S | MVG"
YouTube Video - November 30, 2020 - Modern Vintage Gamer
https://youtu.be/psTunlgKOMM

"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)"
YouTube Video - November 20, 2020 - Hoeg Law
https://youtu.be/dTMWug67InQ

"Copyright and Digital Files"
US Copyright Office Webpage
https://www.copyright.gov/help/faq/faq-digital.html

"Limitations on exclusive rights: Computer programs"
17 USC 117
https://www.law.cornell.edu/uscode/text/17/117

"END USER LICENSE AGREEMENT"
SEGA
https://www.sega.com/EULA

"Circumvention of copyright protection systems"
17 USC 1201
https://www.law.cornell.edu/uscode/text/17/1201

17 USC 1201 - 2018 Final Rules
https://www.govinfo.gov/content/pkg/FR-2018-10-26/pdf/2018-23241.pdf

"Xbox One Developer Mode activation"
Microsoft Webpage
https://docs.microsoft.com/en-us/windows/uwp/xbox-apps/devkit-activation

"Xbox One Developer Mode Activation Program"
https://docs.microsoft.com/en-us/legal/windows/agreements/xbox-one-developer-mode-activation

"How one developer is sneaking emulators through a hole in the Xbox Store"
Ars Technica - November 25, 2020 - Kyle Orland
https://arstechnica.com/gaming/2020/11/how-one-developer-is-sneaking-emulators-through-a-hole-in-the-xbox-store/

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twitter: @hoeglaw
Web: hoeglaw.com
Blog: hoeglaw.wordpress.com
STORE: https://teespring.com/stores/hoeg-law-store

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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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