Need legal advice - Baldurs Gate II Disc

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T101

Senior member
Oct 13, 1999
558
0
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One of my Baldus Gate II discs (first one) has an unreadable error due to a scratch. While the rest is fine. If I download a copy of the first disc and write to a CD, is this legal or am I committing a crime? I have not been able to find an answer and would appreciate advice before I do anything.

A further thought regarding this, that is not a situation yet, but I have been thinking about. What about a game where I have the cd key, but the disc is bad? Would it be legal to download the disc and burn, and then use the cd key (since I assume the license is tied to the key)?
 
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bart1975

Senior member
Apr 12, 2011
294
1
0
The only true legal method is buying another copy. That said most people will either borrow the disc from a friend and burn a copy or download the iso anyways.
 
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stahlhart

Super Moderator Graphics Cards
Dec 21, 2010
4,273
77
91
How bad is the scratch? Have you tried polishing it out with something like Meguiar's or Novus plastic polish? I've rescued a few discs this way.
 
KaOTiK

KaOTiK

Lifer
Feb 5, 2001
10,877
8
81
Technically it is illegal.

As Anteaus above mentioned, might just want to move to a digital copy from GoG.
 
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DucatiMonster696

Diamond Member
Aug 13, 2009
4,269
1
71
Anteaus said:
Naturally getting your disc work is probably the best option, but if your in a crunch you can buy the whole BG2 collection for only $10 at gog.com. Then you won't need any discs. Just a thought.


http://www.gog.com/en/gamecard/baldurs_gate_2_complete
Click to expand...

+1

If you can't get the game working buying it at gog for measly ten bucks for the digital download version. Doing so isn't going to hurt your wallet is it? How much would you spend on purchasing blank cd's or goo you would use to fixed your original cd? Probably more then ten bucks unless you already have those items on hand.
 
DominionSeraph

DominionSeraph

Diamond Member
Jul 22, 2009
8,386
32
91
That's a good question. I don't think it's ever come up in court.

§117. Limitation on exclusive rights: computer programs
(a)

Making of additional copy or adaptation by owner of copy. Notwithstanding the provisions of section 106 [17 USC 106], it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1)

that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2)

that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
Click to expand...

You own a copy. So you may make a copy.
It doesn't specify that the medium from which you copy has to be your own.
 
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T101

Senior member
Oct 13, 1999
558
0
76
The scratch is on the side where the thin layer on which the data is stored, so there is no chance of recovery. Thank you for the tips on GoG, I think I will buy a copy there.

Still. It is interesting to actually find out what constitutes "fair use" when it comes to computer software. Especially if you have the cd key for the game.
 
airdata

airdata

Diamond Member
Jul 11, 2010
4,987
0
0
if you own it, what would be illegal about downloading it? There are a handful of things I've bought over and over. I've bought starcraft broodwar probably 5 times in the past.



must i remind you...

Piracy-vs-Theft.jpg


This doesn't really fit your case though since downloading something you own isn't piracy.
 
KaOTiK

KaOTiK

Lifer
Feb 5, 2001
10,877
8
81
That picture is just retarded.

If you acquire something that cost money for free, you stole it (unless it's a gift :p ).

I can't remember the law crap or anything but for some reason this keeps coming to my mind. If you make a copy from your original it is ok, but downloading a copy you didn't was bad. I don't know how true that is or not, or if I'm remembering it correctly or not as well, but it keeps popping into my mind for one reason or another.
 
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alcoholbob

Diamond Member
May 24, 2005
6,379
445
126
NO it's is NOT illegal, it's called fair use.

If what you did was illegal then no form of data storage, from VHS, cassette tape, CD, DVD, Blu Ray, Hard Drives, would have EVER taken off in the commercial sector. Congress expressly understands the bullshit that corporate legal departments do to kill time.
 
filibusterman

filibusterman

Golden Member
Apr 2, 2005
1,319
0
0
Dont know if this correct but i have read in the past downloading it is fine since you own it. The problem is that if you are using torrents there is usually no way to prevent uploading it. And if that data is transfered from you to someone that does not own it that is the major issue.
 
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Anteaus

Platinum Member
Oct 28, 2010
2,448
4
81
Let's not turn this into yet another of the many threads that have dealt with this issue. If anyone wants to debate the morality, legality or literal meaning of fair use in regards to the constitution, I suggest you create a thread dedicated to this topic that the rest of us can avoid if necessary.

To the OP, I'm not going to give you legal advice since I'm not a lawyer, however my personal recommendation is to just buy it digitally and get to playing. :)
 
airdata

airdata

Diamond Member
Jul 11, 2010
4,987
0
0
TheUnk said:
Yeah almost as retarded as the people who believe it's correct.
Click to expand...

How so? What is inaccurate about that?

I'm not saying it's morally correct to pirate anything. But there is a difference between walking into a store and committing theft by stealing something, and downloading something online.

It would be theft If I was able to hack into a record company and download from their music archives, because I'd actually be stealing from somebody. If I log into your favorite bit torrent site and download a cd, there's no forceful taking of the item from anybody. People are "sharing it".
 
Imp

Imp

Lifer
Feb 8, 2000
18,828
184
106
Reminds me of the craptastic sleeve Baldur's Gate I came in. I scratched the hell out of those disks just sliding them in and out of those things. They still read fine though.

Contact Bioware. The game's like $5 now if you can find it. Send them a fiver to relieve your guilt?
 
JSt0rm

JSt0rm

Lifer
Sep 5, 2000
27,399
3,947
126
airdata said:
How so? What is inaccurate about that?

I'm not saying it's morally correct to pirate anything. But there is a difference between walking into a store and committing theft by stealing something, and downloading something online.

It would be theft If I was able to hack into a record company and download from their music archives, because I'd actually be stealing from somebody. If I log into your favorite bit torrent site and download a cd, there's no forceful taking of the item from anybody. People are "sharing it".
Click to expand...

This train of thought is wrong. You are stealing. If you don't want to pay for the content then don't CONSUME it.
 
JSt0rm

JSt0rm

Lifer
Sep 5, 2000
27,399
3,947
126
let me say that I think its morally correct for the op to find another copy of the disk. It is not morally correct for them to download a torrent and then begin uploading that iso to other people.
 
paperfist

paperfist

Diamond Member
Nov 30, 2000
6,539
286
126
www.the-teh.com
Astrallite said:
NO it's is NOT illegal, it's called fair use.

If what you did was illegal then no form of data storage, from VHS, cassette tape, CD, DVD, Blu Ray, Hard Drives, would have EVER taken off in the commercial sector. Congress expressly understands the bullshit that corporate legal departments do to kill time.
Click to expand...

He didn't buy a digital copy where he could re-download though. It's illegal to download something protected under copyright law. Mind you I'm not saying it makes any sense, but that's the law.

T101 said:
The scratch is on the side where the thin layer on which the data is stored, so there is no chance of recovery. Thank you for the tips on GoG, I think I will buy a copy there.

Still. It is interesting to actually find out what constitutes "fair use" when it comes to computer software. Especially if you have the cd key for the game.
Click to expand...

I wouldn't discount what stahlhart advised above as that method works surprisingly well and requires little effort. The only time I wasn't able to save my own scratched up media was when the scratch was nearly to the printed side.
 
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AyashiKaibutsu

AyashiKaibutsu

Diamond Member
Jan 24, 2004
9,306
4
81
It makes me sad to see so many people not know their own rights. You own the thing it's fair use to just download it.

On a separate note, I'd also like to see even one case where someone was charged with theft for downloading something. Infringing on copyrights is a crime, but that doesn't mean it's theft; they're two separate things.
 
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