The iOS App Store has only been open for business for game emulators for a few days, but already we're seeing plenty of drama around this fledgling app category – including the curious case of NES emulator Bimmy, which briefly showed up and then disappeared.
As reported by MacRumors, Bimmy made its way into the App Store as the first emulator for the Nintendo Emulator System. It was described as a tool for testing and playing games in the public domain, though it did give users the option of importing any ROM available from the web.
That means it could potentially be used to play titles such as Donkey Kong and Super Mario Bros., and given that potential – and Nintendo's attitude towards emulators, which historically hasn't been all that lenient – the developer of Bimmy took the decision to remove the app after it was approved.
In other words, it wasn't pulled by Apple, as was the case with Game Boy emulator iGBA earlier this week. That app was taken down because it was a copy of an existing tool, though the Commodore 64 emulator Emu64 XL is still available.
Not worth the risk
The to-ing and fro-ing over Bimmy highlights just what a gray area emulators exist in. Apple has stated that emulators are now allowed on iOS (in part due to regulatory pressure), but they must be for "retro console games" only, and comply with "all applicable laws" at the same time.
If you're wondering what counts as retro, and which laws apply, you're not alone. Bimmy's developer Tom Salvo has gone on the record as saying he pulled the app "out of fear" of what the repercussions might be from Apple or indeed Nintendo. "No one reached out to me pressuring me to remove it," Salvo says. "But I'd rather not have the risk."
In most parts of the world, game emulators are technically legal, but the games aren't – unless you've bought the original and ripped the code yourself. That's the official position as far as the law is concerned, though gaming hardware and software companies vary significantly in how strictly they enforce the law, adding even more uncertainty.
Generally, the older and more obscure the games you're running are, the less likely you are to get into trouble – though don't take that as legal advice. Ultimately, it's going to be down to Apple, and companies like Nintendo, to decide which emulators are allowed on the iOS App Store and which aren't.
