Is it legal to download a game if...

jlee

Lifer
Sep 12, 2001
48,511
219
106
...you have the original CD, but it's unreadable (ie scratched/damaged)?
 

Skyclad1uhm1

Lifer
Aug 10, 2001
11,383
87
91
Probably not, but why let that stop you? :D

If you have the original I don't really see the problem.
It's like using a copy instead.

Don't think the game companies got as anal as the music companies yet, that you aren't allowed to have backup copies without signing away your soul and sacrificing at least 1 kid.
 

FoBoT

No Lifer
Apr 30, 2001
63,089
12
76
fobot.com
many software companies will replace damaged media for $5 or $10

for example the following is the policy for the game , Tribes 2

Disk and Manual Replacement
To replace your Tribes 2 CD please send only the CD and a copy of your dated receipt, if less than 90 days after purchase. After 90 days please include a US $10 handling fee along with the game CD. (UK customers please include £6). For documentation, please include a US$5.00 handling fee and a photocopy ONLY of the game. Please include payment with your request. Sorry, no credit cards.
North America
Vivendi Universal Interactive North America
Fulfillment Department
4247 S. Minnewawa Avenue
Fresno, CA 93725

United Kingdom
Vivendi Universal Interactive
2 Beacontree Plaza
Gilette Way
Reading, Berkshire
RG2 OBS United Kingdom

 

WinkOsmosis

Banned
Sep 18, 2002
13,990
0
0
I don't see why it would be illegal. Downloading "romz" is legal if you own the license. What you buy from the publisher is the license, not the disc. If it were the other way around, copying CDs for your buddies would be legal. Just do it. Even if it's not legal, it's ethically fine.
 

MrPhelps

Golden Member
Sep 9, 2001
1,421
0
0
I doubt it but who would ever prosecute you!! They want non legit people and buisnessess.:)
 

jlee

Lifer
Sep 12, 2001
48,511
219
106
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks
 

djheater

Lifer
Mar 19, 2001
14,637
2
0
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...
 

LH

Golden Member
Feb 16, 2002
1,604
0
0
Actually its perfectly legal and ethical if you have the original registration code and license. See you arent paying for the CD, you are paying for the license.
 

deerslayer

Lifer
Jan 15, 2001
10,153
0
76
You've paid for it once, I don't see any reason not to download it.

Legal? I don't know.
 

Balthazar

Golden Member
Apr 16, 2000
1,834
0
0
Originally posted by: djheater
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...

Not the least bit unethical.

It's o different than me selling a new in box version of a game for $5 or giving it away. The manufacturer was paid their asking price for it so after that as long as the same "license" is used by a single part it doesnt matter if that party obtains it for $50,000 or $0.05, it doesn't matter.

As for downloading the game, yes it is technically legal, no it is not ethically wrong. From your standpoint and the manufacturers standpoint nobody has broken any rulez, even the people distributing the "copy" are fine, right up until the point where someone gains access to the software through them who DOESN'T have a license.

Thats the tricky part of prosecuting some of these groups, is that you cannot PROVE (unless you track down one of the unauthorized downloaders) that someone without a legit copy downloaded and used it. What's worse is that in most states you can't even go on yourself, or hire someone to go on and download it from them, because then your breaking the law willingly to prove that someone else broke the law, but the only reason they broke the law is because you willing broke the law to prove it.

So you HAVE to find someone who, without your interaction, went on, and without a previous license, download a copy and used it.
 

MrPhelps

Golden Member
Sep 9, 2001
1,421
0
0
Originally posted by: djheater
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...

Echo that.

 

jlee

Lifer
Sep 12, 2001
48,511
219
106
Originally posted by: MrPhelps
Originally posted by: djheater
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...

Echo that.

If the game was already paid for, the manufacturer has their money already..I fail to see where it's unethical. If I have the CD/license, technically I own the game (except if I stole it..which I didn't)..correct?

By that reasoning, would my buying a $5000 car for $3000 unethical?

Edit: I thought the CD was damaged ("cracked CD")..turns out it is a..well, 'cracked' CD..but not in the damaged sense. Nevermind..I'll be hunting the FS/T forum shortly :)
 

datalink7

Lifer
Jan 23, 2001
16,765
6
81
Originally posted by: CadetLee
Originally posted by: MrPhelps
Originally posted by: djheater
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...

Echo that.

If the game was already paid for, the manufacturer has their money already..I fail to see where it's unethical. If I have the CD/license, technically I own the game (except if I stole it..which I didn't)..correct?

By that reasoning, would my buying a $5000 car for $3000 unethical?

Edit: I thought the CD was damaged ("cracked CD")..turns out it is a..well, 'cracked' CD..but not in the damaged sense. Nevermind..I'll be hunting the FS/T forum shortly :)

Exactly. How exactly is it unethical?

 

Zenmervolt

Elite member
Oct 22, 2000
24,510
13
81
Originally posted by: CadetLee
Originally posted by: MrPhelps
Originally posted by: djheater
Originally posted by: CadetLee
I may be able to get a damaged JO CD for free/cheap, so that's why I was asking..thanks

Well.. that's clearly unethical....

Do you have any skills of reason whatsoever?...

Echo that.

If the game was already paid for, the manufacturer has their money already..I fail to see where it's unethical. If I have the CD/license, technically I own the game (except if I stole it..which I didn't)..correct?

By that reasoning, would my buying a $5000 car for $3000 unethical?

Edit: I thought the CD was damaged ("cracked CD")..turns out it is a..well, 'cracked' CD..but not in the damaged sense. Nevermind..I'll be hunting the FS/T forum shortly :)
I think that they had thought that the person selling you the damaged CD would try to keep using the game as well. As long as the seller is not continuing to use the game, then you're buying the license and it would be technically legal.

ZV
 

LordMaul

Lifer
Nov 16, 2000
15,168
1
0
Originally posted by: CadetLee
...you have the original CD, but it's unreadable (ie scratched/damaged)?

Nah.

Back in the days of Jedi Knight, my brother sent in our reciept(only) for JK and $3, and they sent us a set of the original discs.
 

jlee

Lifer
Sep 12, 2001
48,511
219
106
Originally posted by: LordMaul
Originally posted by: CadetLee
...you have the original CD, but it's unreadable (ie scratched/damaged)?

Nah.

Back in the days of Jedi Knight, my brother sent in our reciept(only) for JK and $3, and they sent us a set of the original discs.

I thought it was $10..hmm. Anyways, as it's not a legal copy he wanted to send, I'm going to find one somewhere..I have a bunch of fans to trade; maybe someone wants them for JO.

 

andrey

Diamond Member
Oct 9, 1999
3,238
1
81
I don't think downloading warez CD is legal, no matter how you justify it.

If it would be legal, why than manufacturer of the game wouldn't offer free download link to those who have their CDs damaged? To give you a good example, imagine you're driving your car and accidently wreck it. Can you go ahead and steal the same identical car from the dealer's parking lot simply because you paid for the car once already? Seriously, think about that...
 

Viper GTS

Lifer
Oct 13, 1999
38,093
410
136
Originally posted by: andrey
I don't think downloading warez CD is legal, no matter how you justify it.

If it would be legal, why than manufacturer of the game wouldn't offer free download link to those who have their CDs damaged? To give you a good example, imagine you're driving your car and accidently wreck it. Can you go ahead and steal the same identical car from the dealer's parking lot simply because you paid for the car once already? Seriously, think about that...

With a vehicle you have purchased that physical item, with software you have purchased rights to use a particular arrangement of 1's and 0's. How you get that arrangement of 1's and 0's is completely irrelevant if you have purchased the license to use them.

Ever noticed how when a PC comes with an OEM Windows CD it's always sealed in the original packaging (with the COA enclosed)? Surely that install must be illegal, since they didn't use YOUR CD to install it. Most likely it was installed from a ghosted image or from a burned OS install CD that the shop uses.

With software the license is all that matters.

Viper GTS
 

Chaotic42

Lifer
Jun 15, 2001
33,929
1,097
126
Originally posted by: fluxquantum
andrey, that's a good point.

Not for software. You're purchasing a license to use the software. Since the license isn't a physical thing, you can't damage it, only the means of executing it. You should contact the company about getting a cheap replacment.

The car example is nothing like this.
 

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