Circumventing DRM... Legally!

[CyberAkuma]

Once upon a time record label installed copyright protection on music albums.
These copyright protections made it impossible to access the music on PCs and it would even on certain occasions install secret programs (virus/trojan-alike) automatically on your computer.

Since I listen to all my music on my MP3 player and that comes from my PC none of these CDs worked on my PC. I was so worked up about it that I asked a refund for the purchased CDs.
When I got my money back I downloaded the songs from Napster and I sent $10 to the artist with a letter.

The artist in question (an obscure Swedish band) was so surprised about the 100 SEK (~$10)-bill and the attached letter to it explaining my problem that they framed the letter and the bill to their studio wall.

Now the dreadful copyright protection software has arrived to PC games on a scale worse than ever.
I am seriously concidering canceling my pre-order on Assassins Creed 2, downloading a pirated copy of the game and sending $50 to Ubisoft Montreal with a letter explaining my actions.
I am not giving a single dime to the publisher for enforcing a DRM that not only doesn't seem to work, but also has already been cracked and the pirated version is superior to the retailed version.

Judging from their latest article [http://www.escapistmagazine.com/news/view/98843-Ubisoft-Denies-Launch-Day-Crack-for-Silent-Hunter-5-DRM], not only is Ubisoft immensly arrogant; but in their response to outright refuse to believe that their DRM is already cracked is just another level of insanity.

I would encourage people to do the same as I'll do.
Your thoughts?

 

[Cid Silverwing]

Good choice there, chap.

Although frankly Ubisoft doesn't deserve a penny for enforcing this retarded DRM. (Incidentally I bought AC2 for the PS3 so I dodged all this shit pre-emptively)

 

[El Dingo]

My thought is, is that what you're doing is still illegal. It would be like stealing some guy's car, then sending him a check for the Kelly Blue Book value of it. Technically, he doesn't loose out financially, but he still takes a loss. Theft is theft is theft. If you were to continue with your plan, I'd do so very cautiously while really thinking about what the repercussions of your actions could be, because simply put, you admitted to a company that has MANY grossly overpaid lawyers that you just stole a product from them. Tread with caution, my friend. Tread with caution.

The big difference between Ubisoft and your Swedish band is, the band was looking for fans. Ubisoft is looking for money.

That's not to say that I agree with the DRM methods. I'm totally against them, and that's precisely why I don't purchase any games with any such software built into them. By NOT giving them business is the best way of changing their minds on how to conduct said business. Supply and demand. Stop demanding, and they'll have to change their supply.

 

[Gildan Bladeborn]

I'd hasten to point out to you that what you suggest is only "moral", not "legal". Otherwise go nuts!

It would be like stealing some guy's car, then sending him a check for the Kelly Blue Book value of it. Technically, he doesn't loose out financially, but he still takes a loss. Theft is theft is theft.

Well not exactly, since copying software isn't removing something from Ubisoft's possession, and if you were buying the game retail they wouldn't actually have received the full retail price in profit and now they essentially have, so if anything you've given them more than their product is worth, not just the equivalent.

But yeah, it might not really be wise to tell a publisher you've pirated their games, even if you admit as such in a letter accompanying a check. What with that not actually being legal.

 

[Hiphophippo]

I did the same with Psychonauts and Galactic Civilizations II, but for different reasons. I pirated a lot of things back then, but these two games were so good I felt I had to atone for my actions, so I sent the RRP to each. Tim Schafer wrote back to me saying that he forgave me.

However, I support your actions totally. Go for it.

It's framed and on your wall, I hope.

 

[CyberAkuma]

My thought is, is that what you're doing is still illegal. It would be like stealing some guy's car, then sending him a check for the Kelly Blue Book value of it. Technically, he doesn't loose out financially, but he still takes a loss. Theft is theft is theft. If you were to continue with your plan, I'd do so very cautiously while really thinking about what the repercussions of your actions could be, because simply put, you admitted to a company that has MANY grossly overpaid lawyers that you just stole a product from them. Tread with caution, my friend. Tread with caution.

I could send the letter anonymously?

 

[Irridium]

Well done!
But seeing how arrogant Ubistof is being, I don't know if it will do anything.

I did the same with Psychonauts and Galactic Civilizations II, but for different reasons. I pirated a lot of things back then, but these two games were so good I felt I had to atone for my actions, so I sent the RRP to each. Tim Schafer wrote back to me saying that he forgave me.

However, I support your actions totally. Go for it.

Out of curiosity, did you frame the letter Tim Schafer sent you?

 

[El Dingo]

My thought is, is that what you're doing is still illegal. It would be like stealing some guy's car, then sending him a check for the Kelly Blue Book value of it. Technically, he doesn't loose out financially, but he still takes a loss. Theft is theft is theft. If you were to continue with your plan, I'd do so very cautiously while really thinking about what the repercussions of your actions could be, because simply put, you admitted to a company that has MANY grossly overpaid lawyers that you just stole a product from them. Tread with caution, my friend. Tread with caution.

I could send the letter anonymously?

Oh, sure. Just come up with a perfectly logical and overly simplified answer to thwart my warnings! *Grin*

I still stand by my previous statement though. If you really have a problem with the DRM, then don't buy the product. The way I see it is, if you pay for the product, they get what they want and nothing changes. If you pirate the product (even if you pay, because someone still pirated their product, thus OTHER people can pirate it too WITHOUT paying), then you become the enemy and they're going to fight harder on the next DRM scheme they come up with. If you don't buy the product, then they'll have to change how they do things in order to sway you to part with your money.

 

[Booze Zombie]

Pirating the game and sending the money to the company making it... that...

Genius.

You dodge a lawsuit and DRM, I hope.

 

[Daemascus]

Ubisoft is going way to far in this. Its one thing to prevent copying by others for sale, and a completely diffrent to need to pretty much over see every second of use by legitimate users.

 

[reg42]

It's a good idea, but Ubisoft are total assholes, so chances are they'ed just sue you or something.

 

[AlanShore]

Nice idea, but it's still highly illegal unfortunately. It's really sad that it's come to this though.

 

[Jandau]

My thought is, is that what you're doing is still illegal. It would be like stealing some guy's car, then sending him a check for the Kelly Blue Book value of it.

That's a terrible analogy. It's more along the lines of stealing a candy bar from the store and then sending them the money afterwards...

 

[Void(null)]

Pirating the game and sending the money to the company making it... that...

Genius.

You dodge a lawsuit and DRM, I hope.

Or the Developers in question know where to find you for a lawsuit for which they already have a written confession by you.

It may ease your conscience, but its no less illegal.

 

[Seldon2639]

Once upon a time record label installed copyright protection on music albums.
These copyright protections made it impossible to access the music on PCs and it would even on certain occasions install secret programs (virus/trojan-alike) automatically on your computer.

Since I listen to all my music on my MP3 player and that comes from my PC none of these CDs worked on my PC. I was so worked up about it that I asked a refund for the purchased CDs.
When I got my money back I downloaded the songs from Napster and I sent $10 to the artist with a letter.

The artist in question (an obscure Swedish band) was so surprised about the 100 SEK (~$10)-bill and the attached letter to it explaining my problem that they framed the letter and the bill to their studio wall.

Now the dreadful copyright protection software has arrived to PC games on a scale worse than ever.
I am seriously concidering canceling my pre-order on Assassins Creed 2, downloading a pirated copy of the game and sending $50 to Ubisoft Montreal with a letter explaining my actions.
I am not giving a single dime to the publisher for enforcing a DRM that not only doesn't seem to work, but also has already been cracked and the pirated version is superior to the retailed version.

Judging from their latest article [http://www.escapistmagazine.com/news/view/98843-Ubisoft-Denies-Launch-Day-Crack-for-Silent-Hunter-5-DRM], not only is Ubisoft immensly arrogant; but in their response to outright refuse to believe that their DRM is already cracked is just another level of insanity.

I would encourage people to do the same as I'll do.
Your thoughts?

Umm... From a strictly legal standpoint, you haven't circumvented the DRM legally, just limited the possible damages resulting from your liability.

That said, however, your strategy for dealing with the music thing is still completely illegal, and you still have liability for the action. Allow me to explain:

The money you directly sent the artist circumvents the publisher/record label. It'd be a bit like dining-and-dashing but sending the chef the cost of the meal as a check. You're still liable to the waiter and the owner of the restaurant. Your liability is in no way limited by paying the artist if you haven't paid the rest of the actors.

You can't steal a car off the lot of a dealership and then send the money to Ford and call it good.

Edit: Something I forgot to add originally would be that your liability to Ubisoft would still exist, it just wouldn't be direct liability for the lost sale. If they can show that someone else downloaded the game from you as part of the torrenting process, you'd be liable for that download (since you directly provided it).

 

[Plurralbles]

I get no cd cracks for games because it's ridiculous to unnecessarily subject my discs to potential scratching and use that is pointless.

I buy my games though at all times. Never pirated.