QUOTE
Are Game Copying Devices Illegal?
Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.
Therefore, according to Nintendo, it's illegal to obtain a ROM file through
any means. This is quite humorous when you consider that under this definition even an old floppy drive is quite illegal. Their stance on how terrible "all" emulators are is also a laugh when you consider that they've released the Virtual Console and other software based emulators (such as that used to allow people to play Master Quest on the GameCube).
Anyway, here piracy is determined as obtaining and playing media you don't have a license for. Hammer claims to own the originals, and that is enough.
Because very few people own the equipment required to dump eg N64 cartridges, it's generally assumed that people will be downloading that data from the internet. That doesn't mean we allow talk of how to do so (as the method is the same whether you're "pirating" or not), nor do we allow open admissions of acquiring content without paying for it.
With X-Box games (you know, that console that's the main focus of this site), it's a bit different - You require an X-Box to play the things, and it just so happens that an X-Box can be used to create backups of X-Box software. Therefore, no one has any valid need to download those sort of games, and any admissions of doing so can be
assumed as piracy.
(Similar can be said of most modern consoles actually, due to the inclusion of "common" interfaces such as ethernet ports. Heck, all you need for the PS2 is a PC with a DVD burner installed in it - don't even need the console).
Note also that modchips ARE specifically illegal in some areas of the world (regardless of the legality of the BIOS data you wish to use with them, which is another issue entirely).