Apple‘s recent update to App Store guidelines appears to allow emulator apps for retro console games, although it might not be too crazy. Traditionally, Apple has barred apps that rely on external code. However, the new policy loosens the reins, permitting “software not embedded in the binary” under specific circumstances. Notably, “retro game console emulator apps” are explicitly mentioned as one such case, with the ability to download games directly within the app.

While most emulators are legal, the same is not true for the ROMs

Here’s the catch: Apple’s wording is a bit vague. Unlike Android and desktop emulators, these might not let you play any retro game you find online. Retro game emulation hinges on ROM files – digital copies of game cartridges or discs. While emulators themselves are legal, the legality of ROMs downloaded from the internet gets murky.

Apple

Some ROMs exist in the public domain or have licenses permitting distribution. Others fall under copyrighted intellectual property, but the original owner might be defunct or untraceable. Finally, there are ROMs (think many Nintendo games) where the owner actively controls distribution and enforces copyright.

Interestingly, game publishers sometimes use emulators to run their own retro games and sell them as standalone titles or collections on modern platforms.

Based on Apple’s language, our interpretation is that only the last scenario might be permitted. This means companies owning the intellectual property could potentially launch emulator apps for users to download ROMs of their own games (and only their own games). Imagine a Sega app offering an ever-growing library of Sega classics for purchase, subscription, or even free! Sega has dabbled in iPhone emulation before, but with separate apps for each game.

Apple highlights developer responsibility for ensuring offered software complies with its guidelines and all applicable laws. While they specifically mention “retro game console emulator apps” offering downloads as an exception, no other download methods are addressed.

This update transcends the European Union. Facing regulatory pressure in both the EU and US regarding App Store practices, Apple might be making a preemptive move. The company offered no specific reasons for the change, simply stating it supports “updated policies, upcoming features, and clarification.” One thing’s for sure: retro gaming on iOS devices is about to take a step forward, albeit with limitations to be determined.

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