While the best Android phones let you download all kinds of retro game emulators, Apple’s closed App Store has long prevented parity on the iPhone. But that now appears to be changing, with Apple updating its developer guidelines to specifically allow “retro game console emulator apps” – though the details remain unclear.
“Apps may offer certain software not embedded in the binary, specifically HTML5 mini-apps and mini-games, streaming games, chatbots and plug-ins,” the new text reads. “Additionally, retro game console emulator apps can offer game downloads.”
It’s important to note that while emulation is a legal gray area, it’s not due to the emulation software itself (as long as it doesn’t contain the copyright manufacturer’s source code).
The games themselves — or “ROMs” — are what will break. They cover the full range of legalities, from fully public domain, copyrighted but ownerless, to copyrighted and still actively protected by rights holders (Nintendo, for example, is known for aggressively attacking those who distribute older titles.)
Apple tries to sidestep that whole issue with the following lines. “You are responsible for all such software offered in your application, including ensuring that such software complies with these Guidelines and all applicable laws,” the text continues. Software that does not comply with one or more guidelines will result in your application being rejected.”
That essentially leaves two options, and we won’t know which is correct until app makers start testing the rules. The first is that Apple will allow emulators as long as they don’t ship copyrighted ROMs themselves. How difficult it would be for players to add the missing games themselves could limit the success of such apps.
The second, as Ars Technica argues, is that it doesn’t allow free-for-all emulation, but instead allows rights holders to create their own retro game collections. In other words, Sega, Nintendo, or Sony could theoretically make a game collection app where users buy additional emulated titles. Sega already has a bunch of older games available for iPhone download, but thanks to the App Store’s rigid rules, each one is a stand-alone app.
In any case, while Apple has not provided an explanation for the updated rules, it is likely due to the antitrust lawsuit the company is facing in the United States and other actions it is facing within the EU.
Relaxing the App Store’s strict rules could allow the company to fend off criticism from regulators about anti-competitive behavior. We’ll have to see which apps are allowed before we can say if much has really changed in practice, though.