Law is a complex affair. Copyright law is worse than most. If you are not a lawyer, do not attempt to find loopholes. At worst, you will give yourself and others a false sense of security. At best, you make a fool out of yourself.
Disclaimers other than "we don't know shit, just send us a takedown notice and we delete stuff" are completely useless and mostly made out of myth. Even that kind of disclaimer is not bulletproof, obviously.
ROM sites exists because nobody bothered to go after them yet, or because they managed to make it hard to get to them from a technical point of view.
QUOTE(jilltim @ Oct 12 2014, 11:43)

petty crimes/loosely enforced laws can still get someone into trouble.
(aaron swartz should knows this better than anyone)
thats why i asked that loopholes be used when translating/editing/scanning.
examples of legally downloading:
the disclaimer thats included with roms usually says,"you can only legally use this if you already own a copy"
[
kusanyagi.blogspot.com]
http://kusanyagi.blogspot.com/ he uses a payment service that allows translating
and has his own servers, exept he doesn't have DMCA section or at least a diclaimer like
[
thetsuuyaku.blogspot.com]
http://thetsuuyaku.blogspot.com/p/disclaimer.htmlIt's called flying under the radar. The internet is full of copyright infringement. It's hard to go after each and every case, especially when the rights holder is in a different country. Discovering the identity of the infringing parties is also somewhere difficult to impossible, depending on how stringent the requirements of proof are in a certain jurisdiction.
QUOTE
as far as scans/editing:
what if they had a system similar to j-comi?
[
torrentfreak.com]
http://torrentfreak.com/distributor-offers...e-files-110411/Then you are illegitimately distributing the raw copies. Either get permission from the rights holder, or be aware that you are doing something the law might not like. Obviously, if you do have permission, as in the case of J-Comi, you are good, as long as you abide by the terms given to you.
This post has been edited by jfji552: Oct 12 2014, 14:47