The methods of archival and transfer used in the vNES software can be reasonably argued under the premise of fair use, given the following: The purpose and character of the use, such as if the works are used for commercial or nonprofit purposes. Since our inception, vNES has been an advertisement-free public website which does not require subscription. Question is - who has reasonably argued it?? They seem to put up their argument in what you have posted, but has a Corp challenged it to date - it would appear not. They are proving they are not for profit a number of times in there and effectively arguing as such they are expemt from copyright laws (apparently) - tread careful with this one is all I would say. A lot of the above seems assumption on their part and not legally challenged, remember P2P started like this and look what happened to those guys who got caught big!!
as an after thought.....doesnt this quote say it all??? Although we personally believe, in good faith, that we are fully within all applicable laws, there are some overly-litigious organizations that would say otherwise
I talked with an attorney about this and there are simply too many loopholes on both sides for me to feel its worth pursuing. It's a shame because I could bank on it, but I don't feel like dealing with legal issues.
