Actually, you're only going to download an emulator and some games for you own amusement. 'So, doing it for commercial gain is a bad factor, but doing it on a not-for-profit basis isn't always enough to get you off.' Personal use 'But equally there have been cases involving copyright infringement or piracy or emulation where the person doing it has sought the defence of saying, 'Look, we weren't doing it for commercial gain,' and that enough. 'In practice, it's always going to be regarded as an aggravating factor if there's a commercial gain element to the distribution,' says Purewal. Because while arguing that your emulator was essentially a hobby project isn't - legally speaking - enough to let you off the hook, selling an emulator is much, much worse. 'It's not like anyone was making any money off of it! 'But it was distributed for free!' you cry.

But that's relatively rare.' Mo' money, mo problems In theory it could result in a custodial sentence. 'From a legal perspective, it could - in theory - go further into criminal matters. If the lawsuit is successful, it could result in criminal damages as well as a court order to take the emulator down. If those takedown notices aren't complied with, then sometimes the manufacturer or developer or publisher decides to make an example of that business and take it as far as a lawsuit. 'But most of the time it doesn't get that far, and tends to be takedown notices against websites distributing emulators. 'So in the very worst case scenario - and this is semi-academic, most of the time - there could be criminal sanctions for the commercial distribution of an emulator. 'Many countries make piracy a criminal offence,' says Purewal.

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