Game emulators are like portals to the past, allowing users to play old-school games on modern devices. They are like time machines.
Essentially, emulators mimic the hardware and software of older gaming consoles or arcade machines, enabling users to run their games on their computer, smartphone, or other devices. While emulators themselves are legal, downloading the game. For Apple Mac users, they can play old games on their computers.
But not on their iPhone and iPad.
One of the App Store's longest standing rules is a prohibition on apps that run external code.
This has meant a de facto ban on console and classic game emulators.
A change to guideline 4.7 of the App Store changes that.
This happens as the App Store rules reverses its old rule that prohibited emulators on Apple's mobile devices.
In Apple's words, Apple starts allowing "software that is not embedded in the binary" to run inside apps hosted in the App Store. The company is specific as to what can run, and "retro game console emulator apps" are included in the list.
But still, developers are responsible for any software that can be loaded into an app, and that the company specifically says that add-ons and ROMs must comply with several guidelines, and all applicable laws.
In details, according to Apple, the following provisions must be followed:
- Follow all privacy guidelines, including but not limited to the rules set forth in Guideline 5.1 concerning collection, use, and sharing of data, and sensitive data (such as health and personal data from kids).
- Include a method for filtering objectionable material, a mechanism to report content and timely responses to concerns, and the ability to block abusive users.
- Use in-app purchase in order to offer digital goods or services to end users.
- Apps may not extend or expose native platform APIs to the software without prior permission from Apple.
- Apps may not share data or privacy permissions to any individual software offered in the app without explicit user consent in each instance.
- An index of software and metadata must be made available in the app. It must include universal links that lead to all of the software offered in the app.
- Apps must share the age rating of the highest age-rated content available.
Retro game emulators run what are colloquially called ROM files, which are more or less images of the game cartridges or discs that played on console hardware.
it's generally agreed that emulators themselves are legal, but the legality of the ROM files downloaded from the internet depends on the specific files and circumstances.
For example, there are ROMs that are released entirely on public domain, or in some license where the creator allows distribution.
Then, there are ROMs that are technically copyrighted intellectual property but where the original owner no longer exists, and the current ownership is unknown or unenforced; and there are some ROMs where the owner still has an interest in controlling distribution and often takes action to try to curb illegal sharing and use of the files.
Additionally, many game publishers use emulators to run ROMs of their own retro games, which they sell to consumers either as standalone games or in collections for modern platforms.
While loosening its App Store restrictions and opening the marketplace up to retro game emulators is a good thing for users and developers, Apple has not made it clear on how this shall be enforced.
This happens because there are lots of existing emulators that rely on user-provided ROM files.
Despite what console manufacturers' stance, the concept of emulation is legal, and Apple knows that.
"You are responsible for all such software offered in your app, including ensuring that such software complies with these Guidelines and all applicable laws," Apple writes, without detailing what that means.
It only specifically says that "retro game console emulator apps can offer to download games" in the list of exceptions to the rules against "software that is not embedded inside the binary."
Apple however, didn't list any other method for retro game console emulator apps.
In the past, game emulators have managed to sneak onto the App Store for several times over the years by using hidden functionality, but Apple has never explicitly permitted them until now.
The rule change that allows for game emulators is worldwide, as is support for apps that offer mini apps and mini games.