I also don't like how things are legally speaking with DMCA, but the main takeaway is - the creation and distribution of an emulator, without DRM protections, is unequivocally protected and legal. ROM backup is certainly in most cases not, but if you are making your own copies for your own use, even while illegally breaking encryption, it would be difficult to prove and prosecute on an individual basis.

The right we must continually remind people is NOT even REMOTELY in question is the right to create and distribute emulators. This is by far the more important one, because people cannot reasonably develop their own emulators - it requires an open, collaborative community to ensure future preservation, and it's a constant battle to keep people from actively trying to cede this right because they have nebulous loyalties to soulless companies that return no such feelings.

I get you! I was bigger into copyright some 20-30 years ago myself when we would've all been on Slashdot.

To that end, I was WRONG in my post, I think I was conflating two things, and for that, I'm sorry. I was certainly thinking in part about Universal City Studios, Inc. v. Corley (2001). That was the case that decided that the software DeCSS was illegal, and you could distribute the software. I was thinking that while the court did agree with Universal over the software, that it did not find that breaking DRM on a product you owned was inherently illegal. (I legit think this was a "take" at the time. Probably wouldn't hold up in court these days, sadly.) And I did find that years later the Library of Congress offered exemptions for breaking DRM on some hardware (vehicles, medical devices,) but I believe even those were temporary and have since lapsed.

Sorry I spoke so surely about something I was wrong about.