Is it piracy if you already own the product you are pirating?

[Yureina]

Yes, it's another bloody piracy-related thread. Yay. Aren't you sick of these? >_<

But I am not here to try to debate ethics or the usual stuff that is talked about whenever this topic comes up. So don't talk about the general subject of piracy in this thread, because that will be off-topic. Rather... I have an opinion question to ask.

Lets say I were to buy/obtain a game legally, but because it has some seriously obnoxious DRM/spyware attached to it, I don't actually want to install the game onto my PC. Pirate copies of games get rid of the DRM, and so that would be exactly what I would be looking for. But I won't just simply pirate the game if I didn't own it, because that, to me, is unethical.

The question is this: Is it still piracy if I acquire a game legally, but then go to a torrent site and pirate that very game I now own?

Opinions and legitimate answers are appreciated. :3

- Rei

Note: Mods, if you don't like this thread feel free to close it. I'm just looking for an answer to one question.

 

[kurupt87]

And yet buying the game supports the companies putting obnoxious DRM in. The only way to show the publishers that such DRM is unwelcome is to vote with your wallet and not buy the game.

 

[Yureina]

And yet buying the game supports the companies putting obnoxious DRM in. The only way to show the publishers that such DRM is unwelcome is to vote with your wallet and not buy the game.

What if I got the game as a gift or some other method that did not involve me personally spending money for it?

 

[Jedoro]

Uhh, no? That's one of the few situations where I'd be okay with downloading a game. I mean, hell, you did pay for your license to play.

 

[0bserv3]

I think torrenting it is illegal, because you're uploading to people who might not have a legal copy of the game. I'm not sure about the legality straight up downloading it, but it's morally defensible at the very least.

 

[Yureina]

I think torrenting it is illegal, because you're uploading to people who might not have a legal copy of the game. I'm not sure about the legality straight up downloading it, but it's morally defensible at the very least.

I would not upload it onto the internet. I don't even know how to do that. x_x

The only thing I would do would be to download.

 

[burningdragoon]

I mean technically yes, it would still be pirating. You would then be in the possession of a legal and illegal copy. However, that is probably the least 'wrong' version of piracy ever.

The only real 'problem' with doing this is by participating in illegal torrents you are in part, however small, supporting them. I mean that doesn't bother me really, and it probably doesn't bother you or most people, but it's true.

 

[Pebblig]

Seems morally better =p tbh I don't think legality matter, 'tis simply whether you feel alright about it.

If you've bought the game, then why wouldn't you torrent and get a more accessible version, you've already paid for it, especially if that copy is basically inactive.

The only time it doesn't really hold up, is when people say "I own it on Xbox, so I should be entitled to a PC version for free 'cos I already own the game".

 

[aPod]

I think torrenting it is illegal, because you're uploading to people who might not have a legal copy of the game. I'm not sure about the legality straight up downloading it, but it's morally defensible at the very least.

I would not upload it onto the internet. I don't even know how to do that. x_x

The only thing I would do would be to download.

The way torrents work as you are downloading you are also uploading the data you've downloaded at the same time for other people. You're grabbing bits and pieces from all sorts of people and vice versa.

I think that's what was meant.

 

[alandavidson]

Yes, it's another bloody piracy-related thread. Yay. Aren't you sick of these? >_<

But I am not here to try to debate ethics or the usual stuff that is talked about whenever this topic comes up. So don't talk about the general subject of piracy in this thread, because that will be off-topic. Rather... I have an opinion question to ask.

Lets say I were to buy/obtain a game legally, but because it has some seriously obnoxious DRM/spyware attached to it, I don't actually want to install the game onto my PC. Pirate copies of games get rid of the DRM, and so that would be exactly what I would be looking for. But I won't just simply pirate the game if I didn't own it, because that, to me, is unethical.

The question is this: Is it still piracy if I acquire a game legally, but then go to a torrent site and pirate that very game I now own?

Opinions and legitimate answers are appreciated. :3

- Rei

Note: Mods, if you don't like this thread feel free to close it. I'm just looking for an answer to one question.

According to US law, yes it is still piracy.

The reason is twofold:

First, according to US Code Title 17, sections 105-118 (Commonly known as the "Fair Use Doctrine") you may create a copy of something that you already own as an "archival copy". This means that you have to physically burn a copy of the game disk, torrenting does not fall under the provisions of Fair Use, even if you already own the game. (Burning a new game disk takes you into a gray area with the DMCA, but that's a totally different discussion)

The second deals more directly with your excuse for torrenting, the DRM. What we get into now is the sticky mess of proxy laws. When you purchase or accept the game, you accept everything that is in the game, including DRM. Your purchase or acceptance is a statement that says that you agree to the terms of service set forth by the publisher. The best analogy for it is climbing into a car driven by someone you know to have been drinking. By allowing him to drive you, you are agreeing to whatever risk that might pose, and also hold him harmless to the consequences should things go awry. That's exactly what's going on by purchasing a game.

The truth is that there is no legitimate reason to pirate. No matter how you spin it, it's still the same thing. I really suggest that you read up on things like the Home Recording Act of 1992, the Digital Millennium Copyright Act, and most importantly, US Code Title 17, section 107-118.

 

[crudus]

The question is this: Is it still piracy if I acquire a game legally, but then go to a torrent site and pirate that very game I now own?

I don't know if it is illegal to download it, nor do I know if it would be called "piracy"(but probably on both counts). It will probably be viewed as a gray area and it would depend on the jury and the attorneys at that point(maybe the judge too). The guy(s) distrusting it are breaking copyright law without question regardless who it goes to. However, I know it is perfectly fine to have a virtual copy of something if you have an actual copy. It is how emulators and the like can be legal.

 

[Piorn]

If the obnoxious DRM doesn't let you play the game, I'd claim it's your right to crack it.

 

[Fayathon]

"Technically" it's wrong, at least from a legal standpoint. Morally though? I've never seen anything wrong with getting a copy of a game that actually fucking works without me jumping through hoops to get it to do so.

Morally, it's not wrong in my opinion, but in the eyes of the law you are still pirating.

 

[ultimateownage]

Technically, yes it's still piracy. Otherwise, and legally depending on the licensing of the products, no.

 

[Jodah]

Technically and legally yes. However, you would have a strong argument about it being your one legally allowed backup copy. It would come down to what the judge/jury decides. The chances of it getting that far, however, are slim at best.

Morally, I'm not going to argue one way or the other. That is up to you to decide.

 

[JesterRaiin]

Opinions and legitimate answers are appreciated. :3

If there are laws that prevent you from modding "your own" console, then i'm ready to acknowledge even turning computer on as an act of piracy.
Let's be honest here : the law isn't logical and intuitive anymore. So, my bet is on "piracy".

 

[Snotnarok]

Not in my mind, especially when a game company is trying to screw you over with DRM that makes no sense. If you have the game retail or whatever, but don't feel like having DRM slowing your PC down as it constantly checks your hardware for changes or is something that requires you to be online 100% and is VERY DIFFICULT to uninstall said DRM, I think there's a better choice then.

I'm looking at you Ubisoft.