Rockstar Sold Max Payne 2 Using Pirated Code

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tzimize

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thenumberthirteen said:
Poor Rockstar. Actually they probably put one guy in charge of readying it for distribution, and he used some initiative.



Well it seems Rockstar has finally... *Puts on Glasses*

Cracked

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Well that's today's meme quota filled
bwahahahahaha! Thanks for the morning laugh.

OT: While I cant bring myself to say this is unethical, its definately embarrassing. I seem to remember reading about similar episodes before...and tbh its a bit like the parent saying "dont smoke" while puffing on his own cigarette.
 

Zannah

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Say what you want about pirates (In fact a lot of slightly biased and even less informed people already have), but still -

-myth created something (and it doesn't matter what it is, or for what purpose) without any commercial interests in mind. ITS. THEIR. PROPERTY. They're just nice enough people to let everyone use it.

-Rockstar comes along, takes that property, tells no one where they've got it from (this is where it get's questionable), and SELLS it (this is where it get's illegal, no matter how you look at it).

Aside from all the delicious irony, and rockstar loosing every right to complain about piracy, what they do here is simply illegal. Sell a max payne version via steam, than link to a no cd crack, and give myth the credit, that'd be all fine. Sell both as one no-cd package, that's simply illegal.
Sure, myth isn't gonna sue them, but most of the pirates you're ranting about don't get sued either. A crime stays a crime, even if it slips by unpunished.

If you're still blinded by 'but they're pirates, they stomp on puppies', answer yourself this;
Has Stephanie meyer the right to take all the fat fourteen year olds' Twilight fanfiction, print it out, and sell it, without even telling anybody? Sure, just as with max payne 2, nobody would notice any difference, but it's still theft of intellectual property.
 

KingPiccolOwned

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WitherVoice said:
In Square Enix' case, they say that they own everything of their FF 11 (or whatever it was) MMO that is made in-game. I'm not 100% but I'm pretty sure that also includes any mods, although they probably mean that it does, especially their lawyers. Secondly, I don't consider this a "mod", I consider it pirating, because while you may not use it as such that doesn't mean there isn't 1000 others who do. Besides pirating is for douchebags and people who do it should be treated as such, i.e. with no courtesy about it (least that's my policy). Also, I don't see how courts are going to go on the side of MYTH, because if these are the same courts I'm thinking of, then MYTH is going to loose like a squirrel against a Tyranid horde.

AWAR said:


I imagine the guys from the myth team are all gonna be like >:D yeeeeaaahhh.
DUUUUUUDE!
 

Zannah

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KingPiccolOwned said:
In Square Enix' case, they say that they own everything of their FF 11 (or whatever it was) MMO that is made in-game. I'm not 100% but I'm pretty sure that also includes any mods, although they probably mean that it does, especially their lawyers. Secondly, I don't consider this a "mod", I consider it pirating, because while you may not use it as such that doesn't mean there isn't 1000 others who do. Besides pirating is for douchebags and people who do it should be treated as such, i.e. with no courtesy about it (least that's my policy). Also, I don't see how courts are going to go on the side of MYTH, because if these are the same courts I'm thinking of, then MYTH is going to loose like a squirrel against a Tyranid horde.
So because many people use household items like, say kinves to kill people, you consider the crafting of knives murder?
And besides, since Rockstar are the pirates in this case, I assume you declare them to be total douchebags that do not deserve any mercy whatsoever?
 

Doug

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Tom Goldman said:
Also, is it unethical to pirate the work of a pirate?
Interesting question... illegal, probably not, given they own all right to modification of the code. Unethnical... I'd say no myself, as they are slightly benefiting from someone who probably did harm their sales, even if its not that much harm.
 

Loonerinoes

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I find the people ITT who think that Myth might want to sue Rockstar over this utterly out of touch with reality.

Pirates don't believe in things like Intellectual Property. If Myth really did decide to sue, then I assure you - they'd turn out to be big hypocrites themselves. But Myth aren't an official company name or group or whatever! They're just a bunch of hackers with time to spare!

If you think this kind of news is going to reduce them to tears, then you need to re-evaluate your grasp on reality. I imagine that even as we speak they're sending 'thank you' notes to Rockstar for this awesome turn of events, because this means that their hacker group gets mentioned in every news outlets that covers this story!

But I'm not surprised most people can't wrap their brain around this simple concept and instead trumpet Intellectual Property rights on and on. Heh...it's what I've come to expect from the greater community really.
 

MurderousToaster

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It doesn't really matter, in my opinion. One way or another Rockstar have got the Steam version functioning. The hacker group's dead, and the crack was freeware, anyway. Rockstar have committed no crime.
 

Orcus The Ultimate

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i kind of feel Pirates are more a necessity than a nuisance, let's say you eliminate the mosquitoes from the ecosystem, and you'll see numerous frogs, birds and other species die of hunger.
 

WitherVoice

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KingPiccolOwned said:
WitherVoice said:
In Square Enix' case, they say that they own everything of their FF 11 (or whatever it was) MMO that is made in-game. I'm not 100% but I'm pretty sure that also includes any mods, although they probably mean that it does, especially their lawyers. Secondly, I don't consider this a "mod", I consider it pirating, because while you may not use it as such that doesn't mean there isn't 1000 others who do. Besides pirating is for douchebags and people who do it should be treated as such, i.e. with no courtesy about it (least that's my policy). Also, I don't see how courts are going to go on the side of MYTH, because if these are the same courts I'm thinking of, then MYTH is going to loose like a squirrel against a Tyranid horde.
Square Enix seem to have the same thing going that Blizzard have. That clause is there to define that your character, its possessions and all associated stuff is THEIR property, not YOURS, and that while you may play it you do not OWN it. Mods are interpreted code which you have the right to create, in this case, and while I haven't looked at Square Enix's license legalese bullpoo, in World of Warcraft any addon code is property of its creator. I'd be AMAZED if SqEnix have gotten around that in a way that will stand up in court, should it be challenged.

Second, writing a NoCD crack is not a crime, it's a violation of the licence agreement. This means that Rockstar could take Myth's right to use the software away, along with anyone who USES said NoCD crack. For Rockstar to take this code without backing in a license that allows it, or seeking the originator's permission, however, is a crime: theft. And to use the old, flawed analogy here... just because someone used a crowbar to break into your house, doesn't mean you have the right to go to the factory and take all the crowbars you want.
 

Delusibeta

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As someone who floats around GOG.com's forums, which similar issues have floated up, I see this very much as a non-story. It is a poor show that Rockstar didn't bother to at least remove the identifier, however.
 

Elementlmage

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Also, is it unethical to pirate the work of a pirate?
Riley Freeman, "Now, this presents an interesting philosophical question. 'Is it okay to snitch to the police, on the police?'"
 

KingPiccolOwned

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WitherVoice said:
Square Enix seem to have the same thing going that Blizzard have. That clause is there to define that your character, its possessions and all associated stuff is THEIR property, not YOURS, and that while you may play it you do not OWN it. Mods are interpreted code which you have the right to create, in this case, and while I haven't looked at Square Enix's license legalese bullpoo, in World of Warcraft any addon code is property of its creator. I'd be AMAZED if SqEnix have gotten around that in a way that will stand up in court, should it be challenged.

Second, writing a NoCD crack is not a crime, it's a violation of the licence agreement. This means that Rockstar could take Myth's right to use the software away, along with anyone who USES said NoCD crack. For Rockstar to take this code without backing in a license that allows it, or seeking the originator's permission, however, is a crime: theft. And to use the old, flawed analogy here... just because someone used a crowbar to break into your house, doesn't mean you have the right to go to the factory and take all the crowbars you want.
Read the below comment. (mine that is)

Zannah said:
So because many people use household items like, say kinves to kill people, you consider the crafting of knives murder?
And besides, since Rockstar are the pirates in this case, I assume you declare them to be total douchebags that do not deserve any mercy whatsoever?
Argh, I was hoping that no one would notice that gaping hole in my argument (quite sincere here by the way). No I don't think that the crafting of knives is "murder", however I do believe that the making of nuclear weapons doesn't make it any harder for insurgens to get their hands on them (though admittedly the probability of that is insanely slim). What I am saying is that even if you intend what you are making to be used for best intentions somebody's always going to try and exploit it, and you better keep track of that. And no Rockstar aren't the pirates here, because slapping a clown hat on Michelangelo's David isn't making a new artwork, its just defacing an existing one.
 

Zannah

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KingPiccolOwned said:
And no Rockstar aren't the pirates here, because slapping a clown hat on Michelangelo's David isn't making a new artwork, its just defacing an existing one.
Yes they are. As stated above, just because you write fanfiction, doesn't give the author of the original book the right to take YOUR writing, that is technically (from the law's prospective that is) unrelated, and sell it, without even mentioning you.
Even if the crack was freeware (which it isn't), Rockstar would still be in the wrong for selling it. Sell the game, and link to where to get the no cd crack, that's fine, but selling another mans intelectual property isn't no matter how you look at it.
 

Flying Dagger

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Seems eminently practical to me.
I see no moral dilemma here.

edit: Rockstar are selling THEIR OWN PRODUCT. It is different from the pirated version because you've actually paid the company from it.]

It also does not mean Rockstar are no longer allowed to complain about piracy either. Thousands of people probably downloaded the Myth version, the simple fact they got anything out of it is a bonus.

You're better off getting worked up about how crap Max Payne 3 is going to be.
 

Akalistos

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WitherVoice said:
Akalistos said:
If Speaking of freeware! Didn't that code end up being one? It made for hacking but Myth or whatever didn't charge anything for it. It was free for everyone. How come they can't use it? Their work was acknowledge right?
The code, apparently, was a NoCD crack. I use NoCD cracks all the time, on my legally bought games; the code is made to circumvent a critical flaw of the software, not "to steal".
You mean like securom? Granted for that but how many game have a startup problem in total? Beside, it the developers to correct those bugs, and digital distribution seem like a good alternative now. By all mean, i don't say you need to buy the same produce twice but now, just don't buy a physical copy and everything should be peachy! Or stick to console.
WitherVoice said:
But that's another debate.
No, that the core of this debate. Is stealing from a thief really is stealing or taking it back.
WitherVoice said:
Anyway, the crack is not freeware unless it is licensed as such.
Wrong! They distribute it for free with the game they hack. They never ask for money, they know they won't get some. It basically a freeware, even if you try to say otherwise.
WitherVoice said:
A fair analogy might be a user creating a video and uploading it to YouTube. Granted, it's free for people to look at all they want, but if someone takes that video, puts it on a CD and sells it, he is still violating the law.
Granted, they worked on the code of the hack. But none of the video there where made for to steal something. There are Hacker guide on youtube but they are taking down faster then they can upload it.

WitherVoice said:
sabbat said:
This is Myth we are talking about. So I'm gonna go with they don't publish under a liscence.
In that case, it's simple. The code of the crack is property of Myth.
In a police case, if a armed bank robber get busted. Won't the gun be taken by the authority? Can a criminal reclaim the gun he use in a criminal act? Can he sue the police for ownership? The hack is a tool, just like a pistol is for a bank robbery.
KingPiccolOwned said:
Well Blizzard and Square Enix apparently do, so why not Rockstar?
I'm curious, What did they do?
WitherVoice said:
I don't know about Square Enix, but with Blizzard, no. Blizzard often incorporate fan works and mods into their games, but they still have to CREATE said themselves, using said works as inspiration. The exception is contests and competition where the submitted works are specifically said to become the property of the contest holder.
Now, I find myself again on the opposing team. I know right: "It in the fine print of the submission form." But here, it work that a fan did. I expect that he got his name in the credit and get a prize. Can't he brag being on the team that made (EXAMPLE) Diablo 3. That thing stink of: "Thank for doing our work now buzz off". Maybe it's just the way you say it. How about this: You would be included as a programmer of blizzard in the Upcoming game and win a sweet price instead of submission become the property of Blizzard S*ckers!!! LOLOLOLOL

WitherVoice said:
If I write a small program that opens the game's executable, flips every 0 to 1 and every 1 to 0, I've created a program that modifies the executable. Who owns that program? I'll tell you who owns it. ME. What Myth did is make a program that does selective, targeted changes. They own it. They may not have any right to use it, but legally the DO OWN IT.
So by your logic, if i change all the name in the credit of a upcoming game for my own, that work (aka the game) will be mine and i have the right to sell it? Cool! Be on the lookout for STARCRAFT 2 by AKALISTOS ENTERTAINMENT!!!!!
WitherVoice said:
Silver Patriot said:
So what are they going to do, sue? It's was not only illegal in the first place but they were distibuting it for free. If they want to complain Rockstar could just sue them to hell, right?
I already said that I don't fancy it being particularly enforceable. Rockstar could sue all they want, but like it or not, they wouldn't be likely to get very far with it; it'd be an excruciatingly long and horrid case with no useful end result.
They will always be hackers, i give you that much. But think about this for a sec. Myth must have a following. Crippling them would make sure they'll never do it again! Also, it can influence young hackers not to do it or else they will be sued for lost revenue and compensation.
WitherVoice said:
Myth's case is better, in that regard, because unless a license exists that ALLOWS Rockstar to use the code commercially, they are not allowed to do it.
Yet, if it wall on freeware, they are ok.
WitherVoice said:
However, if Rockstar were to ask Myth if they could use the code, the only appropriate response from Myth would be "Yes, you can use it, we appreciate you asking, just put us in the end credits of it".
If Rockstar could get in contact with Myth, they would have been sued... Or run over by a car, chainsaw, bludgeoned, Sniped, Mangled, Drown until Rockstar would have gotten 5 star and had to go to the nearest illegal garage and change the color of their car. Damn helicopters!
 

Akalistos

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Zannah said:
KingPiccolOwned said:
And no Rockstar aren't the pirates here, because slapping a clown hat on Michelangelo's David isn't making a new artwork, its just defacing an existing one.
Yes they are. As stated above, just because you write fanfiction, doesn't give the author of the original book the right to take YOUR writing, that is technically (from the law's prospective that is) unrelated, and sell it, without even mentioning you.
Yet, if it just a copy of the book, uploaded with your name on it, it not thief. I guess you can't see the other side of the medal here. Let me use your analogy for a min: Here we have a case of a nobody, rewriting all of the book he got onto a fanfics page. THe only change is that he replace the name of the author with his own. Hiding under a pseudonym to save him troubles with the laws. Years later, the original author see this and use this for the online market. An your telling me that the original author stole the work of the Fanfic writer? Isn't there a copyright law that protect that author or does he just need to take it like a man? Stealing a thief seems like a bigger crime than maiming children until they dies
Zannah said:
Even if the crack was freeware (which it isn't)
Main Entry: free·ware
Pronunciation: \&#712;fr&#275;-&#716;wer\
Function: noun
Date: 1983

: software that is available for use at no cost or for a nominal usually voluntary fee.
(Thank You Merriam Webster [http://www.merriam-webster.com/dictionary/freeware])
Zannah said:
Rockstar would still be in the wrong for selling it. Sell the game, and link to where to get the no cd crack, that's fine, but selling another mans intelectual property isn't no matter how you look at it.
Answer me this than, please.
Akalistos said:
In a police case, if a armed bank robber get busted. Won't the gun be taken by the authority? Can a criminal reclaim the gun he use in a criminal act? Can he sue the police for ownership? The hack is a tool, just like a pistol is for a bank robbery.