Is it stealing to pirate a game you own physicaly but cant install

[Timmibal]

With one license violation and possible litigation. Herbert distributed a copy of his game. Thats against the EULA. He could get in trouble for that.

Good luck proving it in court. As you said, once installed when operating with a legitimate license, the product is indistinguishable from a legitimate copy, indeed, it BECOMES a legitimate copy. The case would never be brought to trial.

 

[Phyroxis]

With one license violation and possible litigation. Herbert distributed a copy of his game. Thats against the EULA. He could get in trouble for that.

Good luck proving it in court. As you said, once installed when operating with a legitimate license, the product is indistinguishable from a legitimate copy, indeed, it BECOMES a legitimate copy. The case would never be brought to trial.

I wouldn't want to, nor do I think it would ever happen. But it is expressedly against the EULA (of most modern games) so it theoretically could be prosecuted. Effectively? Very unlikely. Possible? Very unlikely.

That statement was a logical concession for the point of argument, nothing more. Good nit-picking, though.

 

[AmbitiousWorm]

If you are going to get copies off the internet just be aware that the company that made it would, most likely, consider what you are doing illegal.

What they consider illegal is not always the case. If it were, then every threatening e-mail you are forwarded by yout ISP after accessing a compromised tracker would be accompanied by a summons.

Starcraft II was supposedly the most pirated game of 2010.
You can 'Purchase' SCII, like my GOG example, by license only from battle.net, without ever actually receiving a physical 'copy' of it.
Nowhere in the EULA for Starcraft II does it say that my digital download must be obtained from blizzard/activision servers. In fact, considering that their download client is torrent based, even the 'official' downloader cannot be said to be operating purely from the official host. How accurate then can their statistics of people 'illegally' obtaining their game be said to be?

Likewise, most gamers familiar with SecuRom DRM will be familiar with being forced to crack their LEGALLY PURCHASED software in order to make it work properly. If the software is indeed licensed, not owned, as most eulas so smugly state, how is it then "Illegal" to seek to obtain a working copy of software I have obtained a legal license to operate?

but you are paying for one of what ever it is. If every time someone downloaded a free copy of a game/movie/whatever the company that made it got money it would not be illegal. They want to own and control the rights to their productions so they can make money off them. they don't care that you broke/lost it, they want you to buy another. By downloading it you didn't pay for the second one. That's all there is to it.

It is a grey area because it is easy to make copies. If it was just as easy to copy a truck we would be having the same discussion about car theft.

Um, yes, thats correct. This doesn't advance your position. And we do have this discussion, about many knock-offs from overseas. But we're not talking about knock-offs or duplicates.

We're talking about falsified licenses. Illustration:

Since you're so fond of trucks, I'll go ahead and talk in your terms. We're looking at a Dorf model P980 twelve-door double-tailgate. Specifically, we're looking at two of them, physically. The first one is on the right and the second one is on the left.

Dorf P980 1 and Dorf P980 2. They are the same model and make, but they're still different. Fundamentally they look the same and operate very similarly, but they are two separate objects that are made up of different components (engine parts for the Dorf 980 on the right came from the east coast, and engine parts for the Dorf 980 on the left came from the midwest).

Now, software. Lets look at Drazzilb Barfsmack 8. We've got two copies of it. One is on a CD and one is digital download.

Each of those copies came from the EXACT same source. The gold master [http://en.wikipedia.org/wiki/Golden_master] (or the build right before the gold master is written. They are not similiar, not the same, they are EXACT copies of eachother. Bit-for-bit there is no difference.


Now. Ralf decides to buy a Dorf 980 today, and a copy of Barfsmack 8. He gets the Dorf 980 on the right. Its his, he owns that thing and can do whatever he wants with it. Barfsmack 8, however, he doesn't actually own. Sure, he gets a physical disk, but the license explicitly states that all hes really getting is a license to use the software on that disk.


Herbert decides to get a Doft 980 as well, and also a copy of Barfsmack 8. He also gets to own his truck, full and clear. Its his, baby. Barfsmack 8, though, is not his. He only downloaded it from the publisher's website. BUT his license agreement (the same as the one Ralf agreed to) gives him a license to use the software, too.


But, before they're happily playing against each other on SmackNet, Ralf accidentally runs over his copy of Barfsmack 8 with his truck! But, thats okay, his friend Herbert copied his install file from the publisher onto a USB stick and gave it to Ralf. Ralf installs the game on his computer, puts in his own license key, and is off on SmackNet.


So where does that leave us?

With one license violation and possible litigation. Herbert distributed a copy of his game. Thats against the EULA. He could get in trouble for that.

But Ralf? (a similar situation to the OP). He didn't do anything wrong and didn't violate his terms of agreement.


And whats happening at the end of the day? They're playing Barfsmack with each other, with their trucks sitting collecting dust in their driveways.

Thank you for writing it out like that. It was just thinking how much I hate arguing without "being able to lean over and smack the other person" to kinda quote whatshisnuts. But this changed my mind, at least for now.

Putting it that way it doesn't look like he did anything wrong, other than accepting it (if you know the truck was stolen but still accept it as a gift.....see what I mean? maybe? please?)

I have no problem with that and don't really see anything wrong with it other than from a profit point of view the creators of Drazzilb Barfsmack 8(6 was so much better) they would have gotten more money if you couldn't do that. I know it sounds stupid but that is why pirating is illegal. Isn't it?

"Ya its a Dorf model P980 twelve-door double-tailgate." bumper sticker

 

[BlindMessiah94]

Recently my gaming computer broke down so im forced to use a netbook my mom lent me now what I am wondering is if it is considered stealing if I own the game example Gothic 1 but becouse the netbook lacks a disc drive I cant install and play it like normal so is it bad to get a online copy for a game I legitedly own?



I dont support piracy or theaft and such so this is why I am asking if this kinda question is against rules then sorry in advance.

Grammar....brain...explosion...

critical...system...failure

!!

OT: Piracy is piracy. But in your case it's a gray area. You shouldn't have to rebuy the game.

 

[joshuaayt]

I don't know. You bought a license, so as I figure it, you have the right to play that game, regardless of the method you used to obtain it- because that's all you are paying for, right? I mean, the disc+data isn't what's worth however much you paid, it's that damn license.

But legally? Depends on the company and the ingenuity of their lawyers.

 

[AmbitiousWorm]

anc[is]

its rather stupid not to get to play a game you payed for.

Really? It is? I didn't know that. Thanks, that explains everything.

what more could i add. if its one with a cd key your using something you payed for so what the point thinking about it any more then that

Don't worry about it, after that quote I'm pretty sure he's just trying to irritate people

I would never, NEVER try to irritate someone who made such an amazing and thoughtful comment.

 

[MercurySteam]

Recently my gaming computer broke down so im forced to use a netbook my mom lent me now what I am wondering is if it is considered stealing if I own the game example Gothic 1 but becouse the netbook lacks a disc drive I cant install and play it like normal so is it bad to get a online copy for a game I legitedly own?

I doubt anyone could call it piracy and justify it, however if you were to share the game with your friends then it is indeed piracy.

 

[Jaime_Wolf]

Is it illegal? Yes. Is it remotely immoral? No.

It's very, very definitely piracy by legal standards, but I think almost anyone would agree that those are pretty silly standards.

 

[Someone Depressing]

No, you legitamitley own that game. Even if the Digital download doesnt work theres always a data-pen.

 

[AmbitiousWorm]

Is it illegal? Yes. Is it remotely immoral? No.

It's very, very definitely piracy by legal standards, but I think almost anyone would agree that those are pretty silly standards.

I've posted in this thread about 30+ times and then you come along and in one post make me any pretty much everyone else in here (on here? around here?) look stupid. By summing up everything on both sides perfectly.

So.......thanks?

 

[Kyman102]

You've already got the game? You physically own it?

Yeah, I think that's kosher. You payed to play the game.

 

[boyvirgo666]

I bought a truck and it broke down so I stole another one from the dealer.

he didnt remove anyone elses ability to use the game and he paid for it. so maybe you should try not trolling for a few minutes. i know it hurts your brain but give it a try.

 

[AmbitiousWorm]

You've already got the game? You physically own it?

Yeah, I think that's kosher. You payed to play the game.

Would it still be kosher if there is bacon in the game?

 

[Tom Phoenix]

this is why steam style stuff is better it get rid of this so you can just play the game without thinking about how your going to install it if the cd is lost or broken

Unfortunately, it also gets rid of your legal ownership in the process, thus stripping you of any rights that come with said ownership (such as the right to sell or make backups of that specific copy). Since you are not purchasing a physical object (like you are when purchasing a CD/DVD), it qualifies as if you are paying for a service rather than a product. As a result, you do not qualify as an "owner" and thus have no legal claim over the copy should you lose access to it (for example, if the service closes down or if your account is banned). Simply put, purchasing a digital copy is very much a tradeoff, since you give up any legal ownership over it in exchange for convenience.

As for the main topic. I am preety sure that you are, legally-speaking, only allowed to make backup copies of the specific copy you purchased. Having said that, the reason behind the law forbidding the exchange of illegal copies is to prevent those copies from getting into the hands of people who have no ownership claim over it, which the OP is not. So while it is technically wrong to download a different copy, there is nothing wrong with doing so morally.

 

[Phyroxis]

If you are going to get copies off the internet just be aware that the company that made it would, most likely, consider what you are doing illegal.

What they consider illegal is not always the case. If it were, then every threatening e-mail you are forwarded by yout ISP after accessing a compromised tracker would be accompanied by a summons.

Starcraft II was supposedly the most pirated game of 2010.
You can 'Purchase' SCII, like my GOG example, by license only from battle.net, without ever actually receiving a physical 'copy' of it.
Nowhere in the EULA for Starcraft II does it say that my digital download must be obtained from blizzard/activision servers. In fact, considering that their download client is torrent based, even the 'official' downloader cannot be said to be operating purely from the official host. How accurate then can their statistics of people 'illegally' obtaining their game be said to be?

Likewise, most gamers familiar with SecuRom DRM will be familiar with being forced to crack their LEGALLY PURCHASED software in order to make it work properly. If the software is indeed licensed, not owned, as most eulas so smugly state, how is it then "Illegal" to seek to obtain a working copy of software I have obtained a legal license to operate?

but you are paying for one of what ever it is. If every time someone downloaded a free copy of a game/movie/whatever the company that made it got money it would not be illegal. They want to own and control the rights to their productions so they can make money off them. they don't care that you broke/lost it, they want you to buy another. By downloading it you didn't pay for the second one. That's all there is to it.

It is a grey area because it is easy to make copies. If it was just as easy to copy a truck we would be having the same discussion about car theft.

[snip cuz this ish is LOOOOONG]

Thank you for writing it out like that. It was just thinking how much I hate arguing without "being able to lean over and smack the other person" to kinda quote whatshisnuts. But this changed my mind, at least for now.

Putting it that way it doesn't look like he did anything wrong, other than accepting it (if you know the truck was stolen but still accept it as a gift.....see what I mean? maybe? please?)

I have no problem with that and don't really see anything wrong with it other than from a profit point of view the creators of Drazzilb Barfsmack 8(6 was so much better) they would have gotten more money if you couldn't do that. I know it sounds stupid but that is why pirating is illegal. Isn't it?

"Ya its a Dorf model P980 twelve-door double-tailgate." bumper sticker

I hear ya. Its easily muddled. Ownership and right to use are inextricably tied when it comes to most physical things. You own your truck and are allowed to drive it. You don't own your (and technically I shouldn't even say "your" software, as its not possessed by you or me) software but are allowed to play it.

Focusing on your statement of just "I know it sounds stupid but that is why pirating is illegal. Isn't it?"

Pirating is illegal because it is still theft. Theft of licenses. Theft of licenses is loss of money that could otherwise be used to feed the families (heart string pull for the win) of developers and publishers.

For fear of sounding windy. Technically Ralf's acceptance of Herbert's (again, he doesn't own it) copy of software may not be piracy at all, because there is no license theft involved. Pirates traditionally take. Ralf isn't likely to be breaking any laws by receiving. And Herbert is giving.. So is this example even piracy? If it isn't, then is getting the file (but not a fake license) over the internet piracy?

Its confusing and hard to differentiate. If its hard for the average gamer (of which I consider both of us) to get it, imagine what its like for those who don't know much about the industry or hobby. Thus we get grey and confusing and a lot of spouting.

 

[AmbitiousWorm]

I bought a truck and it broke down so I stole another one from the dealer.

he didnt remove anyone elses ability to use the game and he paid for it. so maybe you should try not trolling for a few minutes. i know it hurts your brain but give it a try.

try reading the rest of the thread before you call me a troll. I'm more of a Bigfoot, thank you very much.

 

[Phyroxis]

I bought a truck and it broke down so I stole another one from the dealer.

he didnt remove anyone elses ability to use the game and he paid for it. so maybe you should try not trolling for a few minutes. i know it hurts your brain but give it a try.

Calm down, hes not a troll.

 

[Firetaffer]

I would never, NEVER try to irritate someone who made such an amazing and thoughtful comment.

Hi there, I see you've posted a few things, and just wanted to clear something up.

It's not illegal, despite what you think, to download a game. When you purchase a game, you are not purchasing the physical or even digital copy of it, but you are buying a licence to play it. If you have a licence to play it, then the source is irrelevent.

That's the way software law works, not just for games.

Yeah, nowadays you get a licence for the specific product key, so if you are using a keygen than it's technically illegal.