Gotta love the betamax vs sony trial then the napster trial. Precedent setting cases don't mean jack in the US. There is more "whiteout" on the constitution than ink by now.
Example: They ask Arn, he says No. They go to the webhost and they may say No. Then they go to the upstream provider who say to the host "Remove that or we turn your business off" and yes it does happen, I see that type of email. These are not things you negotiate with, you just do it. And they can do this for even linking to them.
It is technically legal to make your own copy of a game for backup purposes, but downloading a rom from any source is illegal, and most emulators while not illegal themselves would not work without illegal peices of software, for instance: any playstation emulator will not function without a copy of the PS1 BIOS code, and it is illegal to have the PS1 BIOS code outside of the physical chip itself, so in that case even if the person owned a PS1 it would still be illegal to have a working emulator for it so roms would be useless.
I don't know where you got your information. That is all false. @jchampl - I strongly disagree with your stance of removing everybody's rights and freedoms because; It is everybody's personal responsibility to understand the laws governing their own countries. Not everybody sees the same internet, anyway: http://en.wikipedia.org/wiki/Internet_censorship_in_the_People's_Republic_of_China