- See article Console emulator — Legal issues
As computers and global computer networks continued to advance and emulator developers grew more skilled in their work, the length of time between the commercial release of a console and its successful emulation began to shrink. Fifth generation consoles such as Nintendo 64, PlayStation and sixth generation handhelds, such as the Game Boy Advance, saw significant progress toward emulation during their production. This led to an effort by console manufacturers to stop unofficial emulation, but consistent failures such as Sega v. Accolade 977 F.2d 1510 (9th Cir. 1992), Sony Computer Entertainment, Inc. v. Connectix Corporation 203 F.3d 596 (2000), and Sony Computer Entertainment America v. Bleem 214 F.3d 1022 (2000), have had the opposite effect. According to all legal precedents, emulation is legal within the United States. However, unauthorized distribution of copyrighted code remains illegal, according to both country-specific copyright and international copyright law under the Berne Convention. Under United States law, obtaining a dumped copy of the original machine's BIOS is legal under the ruling Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965 (9th Cir. 1992) as fair use as long as the user obtained a legally purchased copy of the machine. To mitigate this however, several emulators for platforms such as Game Boy Advance are capable of running without a BIOS file, using high-level emulation to simulate BIOS subroutines at a slight cost in emulation accuracy.