Legal Notes: Dumping Your Own Game Backups in Hong Kong for Emulation and FPGA Simulation
A neutral summary of Hong Kong copyright law regarding personal game backups for emulation and FPGA simulation, clearly stated as information and not legal advice.
Dumping Your Own Cartridges And Discs In Hong Kong For Emulation
The Copyright Ordinance does not contain a general personal backup exception that covers game backups. The law grants rightsholders exclusive rights to reproduce their work. Dumping a cartridge ROM or disc ISO creates a digital copy. Section 33 provides a limited fair dealing provision for research or private study. Commentary from the Shmups Forum and the Hong Kong Retro Game group consistently notes this provision has never been tested in court for retro game backups. Customs enforces intellectual property rights. The legal risk, while low for personal use, is not zero.
Dumping ROMs Legally In Hong Kong: What The Statute Actually Says
Section 23 gives the rightsholder the exclusive right to copy the work. Dumping a ROM is not an explicit exception. The fair dealing provisions in sections 33 and 38 cover research, private study, criticism, review, and news reporting. A personal backup of a game you own is not listed. The government's 2022 consultation on reform proposed a limited format-shifting exception for sound recordings. Video games were excluded. No statutory text creates a safe harbour for ROM dumping.
Hong Kong Copyright Law And Retro Games: Abandonware And The Term
Hong Kong protects works for the life of the author plus 50 years, or 50 years from publication for works of corporate authorship. A game released in 1990 is still in copyright. Abandonware has no legal status: a game no longer sold is not automatically public domain. The local retro gaming group advises members that distributing ROMs of copyrighted titles, even for works no longer commercially available, is an infringement. Ownership of the original cartridge or disc does not confer a right to distribute a digital copy.
| Provision | What It Says | What It Means For Retro Gamers |
|---|---|---|
| Section 23 (Reproduction right) | Copyright owner has exclusive right to make copies | Dumping a ROM without permission is prima facie infringement |
| Section 33 (Fair dealing for research/private study) | Copying for non-commercial research or private study is permitted | Unlikely to cover a full game ROM; tested only for short extracts |
| Section 38 (Fair dealing for criticism/review) | Quotation for criticism or review is permitted | Does not apply to dumping a complete game for emulation |
| Section 60 (Technological measures) | Circumventing effective copy protection is an offence | Covers BIOS extraction from consoles with encryption or lockout chips |
| Section 108 (Criminal liability) | Wilful infringement on a commercial scale is a criminal offence | Selling dumped ROMs or modded consoles carries real penalties |
MiSTer FPGA BIOS Legally In Hong Kong: Extraction, Not Download
Extract Your Own BIOS
MiSTer FPGA BIOS legality depends on how you obtain the files. The MiSTer project requires you to provide your own BIOS dumps from original hardware. Downloading a BIOS file from a repository is infringement because the BIOS is a copyrighted computer program. Extracting the BIOS from a console you own using a ROM dumping device occupies a grey area.
The local community recommends performing your own extraction using a device like the RetroTINK 5X Pro's direct video mode or a dedicated cartridge dumper. It explicitly warns that downloading BIOS packs from the internet exposes you to civil liability.
Emulation Legality In Hong Kong: What The Community Says
Where The Conversation Happens
This guide reports what the community and official sources state, not what a court would decide. The Shmups Forum has a long-running thread on Hong Kong copyright where members share their understanding of the fair dealing provision. The local retro group hosts annual meetups at Retro.HK Gaming Expo (held since 2015) where lawyers and hobbyists discuss the legal landscape. Both groups stress that their views are not legal guidance.
What The Wider Hobby Says
The RetroRGB legal note on ROM dumping states that no jurisdiction's copyright law explicitly permits game backup copying for emulation. Hong Kong is no exception.
Circumvention Of Copy Protection: The Digital Lock Provision
What Section 60 Covers
Section 60 of the Copyright Ordinance prohibits circumvention of effective technological protection measures. Many retro consoles and cartridges use copy protection schemes: the Super Famicom's lockout chip, the PlayStation's disc region encoding, and the Nintendo Switch's encryption. A ROM dumping device that bypasses these measures to extract a ROM or BIOS file may violate this provision. The digital lock provision applies regardless of whether the underlying use is fair dealing.
Which Devices To Use
Customs has the power to seize devices marketed for circumvention. The local community advises using only devices that do not break encryption, such as cartridge dumpers that read the ROM chip directly without defeating a lockout mechanism.
What Goes Wrong: The Failure Modes Of Legal Assumptions
Ownership Is Not A Licence
The single thing that most often goes wrong in Hong Kong retro gaming legal discussions is the assumption that ownership of the original hardware creates a right to download any ROM. It does not. The second most common error is treating a community forum post as legal advice. The Shmups Forum thread on Hong Kong copyright contains speculation, not authority.
Get Proper Advice
The local retro group explicitly states that its meetups are for social exchange, not legal counsel. If you need certainty on your specific situation, consult a lawyer who practises Hong Kong intellectual property law. No page on a review site can replace that.
Common Questions
Is it legal to dump my own retro game cartridges in Hong Kong?
The Copyright Ordinance does not contain a specific personal backup exception. Dumping a cartridge creates a reproduction of the copyrighted work. The fair dealing provision for private study may apply, but this has not been tested in court for game ROMs. Customs has not issued guidance on personal ROM dumping. The local retro group advises that the risk of prosecution for non-commercial personal dumping is low but not absent.
Can I download BIOS files for MiSTer FPGA if I own the original console?
Downloading a BIOS file from the internet is infringement even if you own the original hardware. The copyright in the BIOS is separate from ownership of the physical console. Extract the BIOS yourself using a ROM dumping device or a software tool on original hardware. The local retro community provides guidance on legitimate extraction methods at their meetups.
Does Hong Kong law recognise abandonware?
No. Abandonware has no legal status under the Copyright Ordinance. A game whose rightsholder no longer sells or supports it remains protected until the term expires. Distributing or downloading abandonware ROMs is infringement. The local community treats abandonware the same as any other copyrighted game.
What is the penalty for infringement of retro games in Hong Kong?
Civil liability includes damages and an injunction. Criminal liability under the Copyright Ordinance applies to wilful infringement on a commercial scale, carrying a maximum fine per infringing copy and up to four years imprisonment. Personal non-commercial dumping is unlikely to attract criminal prosecution, but civil action from the rightsholder is possible.
Does owning the original cartridge or disc give me the right to emulate the game?
No. Ownership of the physical medium gives you the right to use that copy. Emulation requires a separate digital copy of the game software. The Copyright Ordinance does not contain a format-shifting exception for video games. The fair dealing provision does not cover converting a cartridge into a ROM file for use with a software emulator or MiSTer FPGA core.
