A Question on Piracy

[Aod]

this is a little quandary that I've had in my mind for some time now;
Say, for example (somewhat hypothetically) that I own a copy of a game, like Oblivion.

That copy is located somewhere where i cannot access it, and is not being used by another person.

Is it still piracy if I then download a copy of oblivion from the Usenet, a method which does not involve the uploading of any copyrighted material?

 

[The Halk]

Maybe - would need to go to court to find out.

Is it morally right? Yes it is morally right, go ahead and do it is my opinion.

 

[steve-h]

yes, but it's morally correct and you're not going to get done for it, so what's the problem?

 

[Streeteh]

Generally the thing that publishers have a problem with is the seeding of the game to potentially thousands of people when downloaded via torrent. Since you're using usenet, i doubt they'll care anyway.

 

[Pawnless Endgame]

I rip audio CDs, treating my computer as a jukebox, then let the CDs gather dust in my loft. It's similar, on the principle that my purchased media isn't immediately accessible.

 

[Qdos]

You're safe in that particular scenario.

If you are able to produce the original game upon request, therefore proving that you own a physical copy of the media, you are entitled to make a back up copy of it.

 

[ProOrWhat]

Unless Usenet has the license to host the game legally for you to download, it's piracy regardless whether you own a copy.

 

[russ0r]

No, it isn't piracy, because you own a copy of the game.
It's probably illegal though. I'm not sure you're even allowed to make back-ups of copyrighted material any more.

Unless Usenet has the license to host the game legally for you to download, it's piracy regardless whether you own a copy.

That's not the OP's problem though, that's his usenet provider's.

 

[Pawnless Endgame]

Unless Usenet has the license to host the game legally for you to download, it's piracy regardless whether you own a copy.

I didn't know that. Knowing how bad the Blizzard downloader sucks though, I'm sure a lot of us have used alternate sites and to download WoW patches, which they don't legally own. But I'd rather do that than have my 10mbit browsing rendered to 56k, only to find that the Blizz downloader also is downloading at 56k speeds.

 

[The Halk]

Actually since this has gone all pedantic.

It's not piracy. You're not even at sea.

It's also not copyright theft, since that's a made up crime.

 

[Lysander]

It's also not copyright theft, since that's a made up crime.

Oh God no, please don't start this again.

 

[semi-pro waster]

You're safe in that particular scenario.

More than likely - on the basis that it's simply not worth their time to pursue.

If you are able to produce the original game upon request, therefore proving that you own a physical copy of the media, you are entitled to make a back up copy of it.

Only if you are not circumventing copy protection to make said copy - I don't know about Oblivion but I'd be mighty surprised if it doesn't feature any copy protection.

Essentially in practical terms it's unlikely to ever be an issue, in legal terms it is a problem but let's not let this topic stray too far into dodgy realms.

 

[anything I don't mind]

Yes it is still illegal. You do not even own the 010101 on the disc. You only own the disc itself.

 

[deusexlumina]

My view is if you've paid for the game you should be able to download it again if you wish, copy it, paste it, put it on other comps, whatever you like! its distributing it which is the problem.

This is why itunes annoys me, i pay for the songs, yet they are still locked files with limited use.

 

[The Halk]

This is why itunes annoys me, i pay for the songs, yet they are still locked files with limited use.

Nope. You pay for the use of the songs subject to Apple's terms and conditions. If you're stupid enough to shop with Apple then don't complain when they shag you.

 

[Clown]

And you're not downloading it from usenet, you're downloading a part of an encrypted file from usenet

 

[ProOrWhat]

I didn't know that. Knowing how bad the Blizzard downloader sucks though, I'm sure a lot of us have used alternate sites and to download WoW patches, which they don't legally own. But I'd rather do that than have my 10mbit browsing rendered to 56k, only to find that the Blizz downloader also is downloading at 56k speeds.

According to Blizzard's Legal FAQ:

Can I put your patches and demos on my web site for download?
Yes. We allow non-commercial mirroring of our patches and demos, so long as you do not alter the patches or demos in any way, and all files included with the original patch or demo are present and intact. Blizzard Entertainment® reserves the right to refuse permission to host or distribute our patches and demos to anyone, for any reason, at any time.

Patches and demos are not the same as retail versions of the game.

 

[Pawnless Endgame]

Ah thanks.

 

[andy_mk3]

I would say it's fine. You're simply downloading the media that you already have that you can't access.

 

[ProOrWhat]

No, it isn't piracy, because you own a copy of the game.
It's probably illegal though. I'm not sure you're even allowed to make back-ups of copyrighted material any more.



That's not the OP's problem though, that's his usenet provider's.

I'm not an expert but I believe the games industry use a similar approach to the music industry in this matter. In the case of the music industry, often the RIAA or MPAA have turned their efforts to the ISP's in regards to illegal downloads. The ISP is contacted and anyone that is being caught by the ISP illegally downloading is turned over to the respectful company. This means that there is an increased chance of you to get caught.