While excellent Android phones allow users to download retro game emulators of all kinds, Apple's closed App Store has long prevented equivalence on the iPhone However, that seems to be changing now that Apple has updated its guidelines for developers to explicitly allow "retro game console emulator apps"

"Apps may offer certain software that is not embedded in the binary, specifically HTML5 mini-apps, mini-games, streaming games, chatbots, and plug-ins," the new text reads

"Additionally, retro console emulator apps can offer game downloads

It is important to note that while emulation is a legal gray area, it is not thanks to the emulation software itself (unless it contains the source code of the copyrighted manufacturer)

The tricky part is the games themselves, or "ROMs These cover the full spectrum of legality, from those that are entirely in the public domain, to those that are copyrighted but no longer owned, to those that are copyrighted but still actively protected by the rights holders (Nintendo, for example, is actively pursuing those who distribute their old titles, and is (Nintendo, for example, is well known for aggressively pursuing those who distribute its old titles)

Apple attempts to sidestep the entire issue with the following sentence "You are responsible for all such software provided in your app (including ensuring that such software complies with these Guidelines and all applicable laws) software that does not comply with one or more of the Guidelines , lead to rejection of your application"

In other words

So, essentially two possibilities remain, and until app makers start testing the rules, we won't know which is correct: the first is that Apple will allow emulators unless they provide copyrighted ROMs; the second is that Apple will allow emulators unless they provide copyrighted ROMs The success of such an app could very well be limited by how difficult it would be for gamers to add the missing games themselves

The other reason, as Ars Technica points out, is not to allow emulation freedom, but to allow rights holders to create their own retro game collections In other words, Sega, Nintendo, or Sony could theoretically create a game collection app that would allow users to purchase additional emulated titles Sega already has a number of older games available for download on the iPhone, but thanks to the strict rules of the App Store, each is a separate app in its own right

In any case, Apple offered no explanation for the updated rules, presumably due to the antitrust lawsuits the company faces in the US and other measures it faces in the EU

By softening the strict App Store rules, the company may be able to deflect criticism from regulators for its anticompetitive behavior However, without seeing what apps are actually allowed, it is hard to say if much has really changed