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It's legal to make backups of copies of games you own per the DMCA. As long as you're not distributing them for profit or otherwise. I can see nintendos argument with downloading roms though since the roms are technically someone elses game that is being distributed but if you download it and own a copy of the game it's a gray area since technically the game on the cart and your digital backup should have the same MD5/SHA1 hash if it's a legitimate untampered copy and they can't really prove you didn't back it up or downloaded it off someone else.