Samuel Axon
When Apple posted its latest update to the App Store’s app review and developer submission policies, it included language that expressly allows a new type of app to emulate retro console games.
Apple has long banned apps that run third-party code, but changes announced today now allow “non-binary software” in certain cases, including “retro game console emulator apps that may offer to download games.” of those cases.
Here it is exact expression:
4.7 Mini-apps, mini-games, streaming games, chatbots, plugins and game emulators
Apps may offer certain software that is not included in the binary, especially HTML5 mini-apps and mini-games, streaming games, chatbots and plugins. In addition, retro game console emulator programs may offer to download games. You are responsible for all software offered in the application, including ensuring that such software complies with these Guidelines and all applicable laws. Software that does not conform to one or more guidelines will cause your application to be rejected. You must also ensure that the software complies with the additional rules set out in 4.7.1 and 4.7.5. These additional rules are important to maintain the experience App Store customers expect and ensure user safety.
It’s a bit unclear how this will work, but it might not allow the emulators you see on Android and desktop PCs, allowing you to play retro games from any third-party source.
Retro game emulators run what are called ROM files, which are more or less images of the game cartridges or discs played on the console hardware. So far, the emulators themselves have been confirmed to be completely legal, but the legality of ROM files downloaded from ROM sites on the Internet depends on the specific files and circumstances.
There are ROMs that are completely public domain or under some license where the creator allows distribution; there are ROMs that are technically copyrighted intellectual property, but the original owner no longer exists and current ownership is unknown or unenforceable; and there are some ROMs (like many games developed by Nintendo) where the owner still has an interest in controlling distribution and often takes measures to limit illegal file sharing and use.
In addition, many game publishers use emulators to run ROMs of their retro games, which they sell to consumers either as stand-alone games or in collections for modern platforms.
It’s not entirely clear from Apple’s statement, but our interpretation of Apple’s new rules is that it’s likely only the latter of these examples will be possible; companies that own the intellectual property can launch emulator programs to download ROMs of their (and only their) games. So, for example, Sega may offer a Sega app that allows users to download an ever-expanding library of Sega games as part of a subscription, either for free or as in-app purchases. Sega previously offered its retro games on the iPhone in emulation, but with a separate app for each game.
“You are responsible for all such software offered in your application, including ensuring that such software complies with these Guidelines and all applicable laws,” Apple writes. And it specifically says “retro game console emulator applications may offer to download games” in the list of exceptions to the rules against “non-binary software” – but it doesn’t list any other method for a retro game console emulator. programs.
However, this update is not limited to the European Union. Apple has come under regulatory scrutiny in both the EU and the US over App Store rules. The company is likely making this change to avoid criticism in this area, although it did not explain why when announcing the change. except to say it was developed “to support and clarify updated policies, upcoming features.”