Originally posted by: cradelit
So I think the discussion about legality of hacks and translations is quite misleading. It conflates making the hack / translation with selling it (on a cart). People who make hacks and translations are specifically and are almost always intentionally released as patches that do not include any original content.
The people who make the hack or translation hardly ever sell them on carts and the people who make carts out of them are often going to be infringing on both the creator of the original game and the creator of the hack. It's not right to say hacks and translations are illegal, it would be more correct to say selling reproduction carts with hacks or translations on them is illegal.
It might be true that many people think there is no difference and their only exposure to hacks and translations are through buying them on a reproduction cart, but there certainly could be some fledging / aspiring hack creators or translators out there as well.
Imho, it's not really a great analogy to say it's like translating a book, particularly since with a book, the entire content that is protected under copyright is contained in the text that is being copied (or translated), whereas with a game it is only a very small part of the material that is copied in translated form. In the case of a translation of a book, the book is replaced by the translation, which has the potential for loss of sales / profits / to cause the copyright holder harm. In the case of a NES translation, the translation is nothing unless accompanied by a copy of the original work, which has no potential for harm since everyone wanting to use the hack or translation would need to purchase a copy of the original work to apply it to.
Bunnyboy has pointed out on multiple occassions that even the .ips patches often contain copyrighted code that would be an infringement.
Also, virtually no-one has ever legally played a hack or translation, since an extremely small number of people "back up" their own game ROMs to patch with related hacks or translations.
(there are definitely people that do, but you and I both know they are an itty-bitty minority of ROM users)
Hacks and translations are lots of fun, we just need to not kid ourselves about the legality of what we're doing when we obtain and play them...