well i personaly dont think roms are warez but look at this shit:
Is it legal to make a copy of a game I own?
Yes. U.S. Copyright laws allow you to make one backup copy of software you own. However, that backup copy is "tied" to your original. If you sell or give away your original software, you must destroy your backup copy or package it with the orignal when you sell or give it away. Likewise, you may not sell or give away your backup copy without the original.
Is it legal to download a copy of a game I own?
No. Even if you own the original game, you are not entitled to download a copy of it. Copyright law clearly states that the only copy of software you are entitled to is the one you make yourself.
Is it legal to allow others to download my copy of the game I own?
No. Distribution of copyrighted works without permission of the creators is a violation of copyright law.
What about the "24 hour rule" that says I can try out copies for 24 hours before deleting them?
The "24 hour rule" is a clear example of why you should never take legal advice from software pirates. There is no such rule; downloading a copy of copyrighted software not intended for distribution is always illegal, no matter how long you have it.
Taken off of:
http://www.gamefaqs.com/features/help/hmisc_1.html