OK, just to play a little devil's advocate here. So, Nintendo does not sell Earthbound in the US currently correct? The only way you can play it is to find a very expensive copy of it and own a snes. So, I guess what I'm saying, what is the harm of downloading the rom and playing it on an emulator in this case. Nintendo is not selling it in the US and looks like they never will. What harm would it cause? I'm not saying this is correct, just putting it out there. To me, it would be like Paramount making the Godfather and releasing only so many copies in the US on vhs. Years later, Paramount provides no way for fans to see this classic except to pay a collector an extravagant price to see this movie. You can't rent it, you can't see it on Netflix etc. Also, in that case, what would be the harm in downloading the movie?
I really don't know the legal ramifications, fines, etc. Could the fine for downloading the rom actually be LESS than the 350 bucks someone recently paid to play it? I just don't like to see fans clamoring and begging to play a classic and have NO legal way to play it (besides overpaying what should essentially be a 5 dollar download.)