Is it ok to download a game you already bought?

[salinv]

Can't prove that beyond reasonable doubt, however. We can't assume you know something you couldn't have known when you bought the game. Or rather...we can't assume anyone knows something everyone would know. If someone who has no clue how the industry works buys a game, they have no clue it's an EULA in there somewhere. But it's that someone who should be setting the legal benchmark. I hope I am getting my point across clearly. But you can't be held accountable on the basis of information you did not necessarily have. Again, there's the need for the EULA to be presented on purchase.

I understand what you are saying, and publishers need to help the consumer understand what they are getting into. The loophole they have is that they do warn the consumer, albeit in a very underhanded and hidden sort of way. The warning of an agreement that must be agreed to is located on the back of the box, in fine print. The agreement itself is not there, but is usually located also in the manual or on line. They really should make sure the information in the EULA is available prior to purchase, though in this digital world we now live in, it likely is online.

Ideally, yes, ensure they have the EULA is right there in front of them to read it prior and/or during purchase. Realistically, with how the system is currently designed, it would be an absolute nightmare to manage or work with.

No, I just want the publishers to get their heads out of their asses. And if bureaucratizing the entire process of purchase is the only way to do it, I guess yes, I want that too.

Out of their ass, sure, but the purchaser should also be liable for ignorance, or at least be held responsible for their own faults. The publishers of course need to help the consumer along this road, rather than hinder it.

I always read everything I sign. Twice. And I have turned down a contract before. I want other people to act responsibly like that, too.

Great practice; I do, and intend to, as well (though I am lazy with EULAs most of the time). Everyone should read that which they put their name on, especially if it is a form of agreement or a product of their worth.

 

[Strazdas]

I'm pretty sure it's illegal to own a digital backup of any physical media you own, but no one will arrest you for it.

My country laws allow for 1 backup copy of ANY media we buy. This comes at a price, we got a tax for any empty media, regardless whether you buy it for backup or personal use, that pays for the media owners, based on thier popularity. Therefore if i buy a dvd to film my family on i pay madonna for making terrible songs that are popular. Great idea right?

Then again when you use most download sites you are raising their ad revenue, so I suppose you could say that you are helping others profit from piracy.

There are many download sites that dont have ads and live out of donations.

As for EULA, EULA is legally bounding in US. In Europe EULA does not have any legal power as it is not a contract that you sign. Therefore it does not matter what they write in EULA, as European users cannot be held accountable for breaking it.

 

[Razoack]

I personally agree with most of the statements here that since you payed for it i find no moral qualm. I personally would prefer most publishers to go down the Blizzard route of registering your keys online so you can re-download games whereever, ala Warcraft 3 and World of Warcraft.

 

[Rikomag132]

I know this doesn't work with older games, but, Steam. Greatest thing ever. 'Tis all.

 

[TorqueConverter]

If I lost my CDs or they got scratched of a game I bought a long time ago is it ok to download them? Obviously torrenting would be bad since you're uploading at the same time but what if I got it from just a download link on a website or something similar?

In a similar vein, what about music whose CDs got scratched or lost? I mean you're buying the license to the data with both games and music right, not the CD itself?

Finally, (this is a recent issue I had), I bought a game that refused to work on my computer for some reason, however with a cracked downloaded version it worked fine. Would it be illegal to download this version of the game that actually WORKS if the copy I bought does not? (And it's not because there's something wrong with the CDs themselves, it installed fine)

thanks

I'm split on this one. To download another copy of a game simply because your initial copy was lost or damaged seems a bit unethical. It's very much the same argument used against video game content locked onto the disk. I buy it and I own it. It strikes me as hypocritical to say content locked onto the disk and sold as DLC is unethical while it is not unethical to download second copy of a game. One purchase, one copy of all the content on the disk. If we as consumers can not hold our selves to a one purchase one copy standard then how can we demand companies to do the same? If came companies want to charge us for content we will not be permitted to have access to, then we really shouldn't expect one purchase of a game to result in multiple copies.

DRM often permits multiple downloads of a game but this is done with the requirement that the previous installation be uninstalled, or in the case where the previous installments are not accessible for uinstallment (broken PC, new PC, an change in OS ect.) a finite number of installments are allowed, tracked, and tied to an account.

Is losing a physical copy of a console game the same as uninstalling a PC game? What if you loose a PC game, download another copy only to find the original copy again?

TLR

If we are to assign a value to digital content on a disk, a value outside of EULA, as in when we purchase a game we own all that content on the disk, then how can we justify a digital download of that same content after we have already purchased a physical copy of the game on a disk? To say that a second copy of the game in a digital download format negates any value of the content present on first, physical, copy through DRM or other measures is to say physical copies of digital media hold no value outside of ToS, EULA and DRM.

This means that game companies can use ToS, EULA and other conditions to assign value to any amount of content present on the disk of a new game as long as their ToS or EULA permits that content to have value. For the consumer to say "my disk is broken and therefore the content present on it has no value, but it's ok, I can download another copy because EULA" is essentially the same a game company saying "Only some of the content on this disk you have purchased will be included with the purchase price because EULA".

Maybe it's totally cool and I'm just over thinking..

 

[babinro]

No.

If it was okay the company would let you do so from there website. Or you could write them and they'd replace your game.

I know Blizzard games frequently allow you to use the CD key at their website for a digital version. You can look into that option for your game. Otherwise you'd have to buy a new one.

 

[x EvilErmine x]

Legally no you are not allowed to do what the OP want's to do in 99% of cases. Most EULA's prohibit copying the media that the licence pertains to. Downloading a copy even if the original disks are defunct is considered a breach of the 'do not make unauthorised copies' clause.

What you should do[sup]1[/sup] is contact the publisher and ask for a replacement disk. This usually will cost you something, in most cases it will be a small price of only a few pounds to cover postage and packing and costs of materials, or they may be nice and send it out to you for free.

N.B. You will need to provide a valid proof of perches.

[sub][sup]1[/sup](note this is what they want you to do, not my opinion)[/sub]

Personally I would just download a copy and use my original keys or .exe

On another note I agree with chuckdm and really don't see a huge problem with what he does. Yeah it's a bit naughty but *meah* such is life.

 

[Jowe]

Whoever suspended Nightmareluna, I'm pretty sure that was a joke, referring to steam downloads etc.

OT: I doubt the law agrees with me, but I guess as long as you have the dvd and are able to put it into your CD drive etc (haven't lent it to a friend/sold it) I would say its OK.