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Now I'm wondering how this would apply in situations where the person doesn't know if they have the original or not.

Inspired by the fact that my emulation of Link's Awakening to play on a screen I could see is technically legal since we had a cartridge stuffed away in a drawer. But for 10-15 years that cartridge lived in a limbo land of 'we used to have that, it might still be around somewhere...'



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