@ATDI Actually because Earthbound isn't released on the Virtual Console there is no way for Nintendo to make money off of the game so it is perfectly legal to play the rom, however if Nintendo puts it up on the Virtual Console then yes it will be illegal to play the rom.
Comments 2
Re: Original Freakyforms to be Removed From European eShop
I wasn't really interested in the initial title, but I might pick up the deluxe version if it's not that expensive.
Re: EarthBound's Virtual Console No-Show Could Be Down To Sampling Issues
@ATDI Actually because Earthbound isn't released on the Virtual Console there is no way for Nintendo to make money off of the game so it is perfectly legal to play the rom, however if Nintendo puts it up on the Virtual Console then yes it will be illegal to play the rom.