Need legal advice - Baldurs Gate II Disc

[zinfamous]

No, actually. The legal term theft and the legal term copyright infringement are completely different, which the picture illustrates. It is not trying to say it's legal, it's pointing out the difference between the terms, and thereby the actions.

then why not call it copyright infringement?

they still call it piracy....which is theft.

 

[zinfamous]

No, I didn't really say that. I am trying to say that I just dont see what the big deal is. I do see a problem with it, the problem is there, but it is not a significant enough problem to scream about it and call people with differing opinions idiots and retards.

I am merely offering a different look on this issue. A devil's advocate, if you will?

so your take is....who cares, keep stealing?

 

[Golgatha]

so your take is....who cares, keep stealing?

The OP isn't stealing. He's trying to get a game to work, which he has a valid license for. I'd contact the game maker and see if they can provide you with a new physical media. If they can't, I see nothing morally wrong with downloading an ISO.

On a side note, there is nothing copyrighted in this day and age which will ever be put in the public domain in that person's lifetime, or really the lifetime of their descendants either. The whole point of copyright is to have a social contract with people which says the copyright owner can make money exclusively on their IP for a time, with the understanding it will reach the public domain eventually. Corporations haven't held up their end of the contract, so I don't think consumers really have a moral obligation to hold up their end of the bargain anymore either.

IMO, if it's over 20 years old, I have no moral opposition to pirating something. Hell, life saving drugs get 14 years, so what benefit to society is so great that Mickey Mouse cartoons deserve renewing 75 year protections?

 

[Anteaus]

I'm so glad this thread didn't explode with opinions about piracy and copyright in general.

OP, you have three scenerios:

1. Buy the game. $10 is hardly a ball breaker and at least you know it's clean.

2. Download the disc and find out fair use protects you and no one says anything and you play the game.

3. Download the disc and find out you just broke the law and no one says anything and you play the game.

I'm personally an advocate of option 1, since it leaves no chance for questions. As for 2 and 3, there is a "right" answer but no one here can give it to you. If anyone would actually read the Digital copyright act, it specifically mentions that a copy of the original physical media can be made for backup purposes (these were the floppy days after all, and they went bad often). The law only protects your right to make the copy of the original media, not your "ability" to make the copy, which is why it is illegal to circumvent DRM. The problem with this is that if he downloads it from the internet, that copy wasn't acquired in a way that is acceptable by the law as written, thus the ambiguity. I'm not saying it's legal or not...only that the law doesn't deal with this scenerio. My opinion would be that downloading it is within the spirit of the law and thus legal, but that opinion means nothing.

Unfortunately, none of us our federal judges and therefore we can't rule on the "intent" of the law. Until they revisit it and update it for todays digital world there will be people on both sides.

 

[aigomorla]

must i remind you...

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

lololol....

Anyhow OP, have u ever tried contacting the company's tech support and letting them know what happened?

Sometimes they will ask you to send in the damaged disk and mail you out a replacement.

Or if u can prove your key is real, they may offer a digital version to you.

Ive been in the same boat as you have, and it doesnt hurt to ask customer support.
But do it nicely, and not with an attitude.

 

[Pr0d1gy]

That's a good question. I don't think it's ever come up in court.



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.

This is correct, just don't lose your original copy.

so your take is....who cares, keep stealing?

Give it a rest already FFS. We're talking about a 10 year old game and an original actual owner of said game.

 

[coloumb]

http://forums.bioware.com/viewtopic.html?topic=609599&forum=10

"Interplay, as publisher, was the primary technical support for the Baldur's Gate series (not BioWare), but due to their financial woes, they are currently limited in assisting with any customer issue. They are the ones that would have offered replacement CDs to customers, if necessary, so do not contact BioWare regarding replacements as they cannot help you in this matter (BioWare is the developer).

Best bet would be to track down a cheap online seller of the game and get a new copy. You can probably get them for only nominally more than the replacement CD fee would have been, and you'd get duplicates of your other CDs, too."

 

[T101]

I bought the game on goodoldgames.

 

[ibex333]

Give it a rest already FFS. We're talking about a 10 year old game and an original actual owner of said game.

This. Thank you so much. Couldn't have said it better myself.

 

[skace]

Personally, I'd rather buy it off GOG than download a torrent of it. $10 for peace of mind on whether I just downloaded 14 different viruses is worth it. However, I don't necessarily see anything wrong with someone who owned the game re-downloading a fresh copy of it because their CD went bad.

I just think trying to save $10 by using a torrent site or otherwise is a pretty poor risk vs reward.

 

[spacelord]

I wouldn't lose any sleep about acquiring a new copy of the disc/game you own.

 

[Phynaz]

I must be the only one that saw the op is in Sweden.

I imagine very few people here would be able to correctly answer his question.

 

[SaDiZTiKStyLeZ]

As long as you have purchased your own physical copy, it shouldn't matter. Disc got messed up, it's not like you can take it to the game company and request an exchange for it.

 

[DucatiMonster696]

This. Thank you so much. Couldn't have said it better myself.

He didn't make a valid point. The age of the game is not in question and nor is it relevant when discussing the issue at hand.

I having a 10 year old car in my garage that is no longer in production. Would it be okay for you steal it or at the very least take it without my permission and go on a joy ride? The obvious answer is no on both accounts and the age of the car won't matter to the cop or judge.

 

[shortylickens]

If you guys insist he buy a game he already owns:

http://www.amazon.com/Baldurs-Gate-4...dp/B000FGA1US/