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Pirating old games?

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Piemaster
Muckraker
Posts: 242
Joined: 22 Apr 2008

Lots of people strongly object to piracy, but what about pirating old games?
I'm talking about games that are so old that they are no longer published, or put on things like Steam or XBox originals. I personally think it's alright as no one is losing money except the guy selling a second hand copy on EBay and it allows you to get games that are normally hard to get.

Dommyboy
Gone Gonzo
Posts: 1080
Joined: 20 Jul 2008

A lot of times its the only way you can get the old game you want so in those instances I find it to be fine. Its like taking some old speakers you find in a dumpster, no one is selling them and nobody would lose money.

Reaperman Wompa
Gone Gonzo
Posts: 1954
Joined: 6 Aug 2008

Same, you're not taking anything away from the publisher so who cares.

Fire Daemon
Gone Gonzo
Posts: 2667
Joined: 18 Dec 2007

I think the only games you can download legally are ROMS from the SNES era or older. This is pretty much things from 1995 to lower. The games industry seems to agree with me.

shatnershaman
Gone Gonzo
Posts: 3002
Joined: 8 May 2008

Legality is sketchy though. Seems to depends what country and how old it is.

Dommyboy
Gone Gonzo
Posts: 1080
Joined: 20 Jul 2008

What about really terrible and short games that aren't worth $10 even? I could have never understood how people put up with such amazingly short games in the early 1990's.

Altorin
Gone Gonzo
Posts: 1978
Joined: 16 May 2008

we're not even really talking legality here.

morally, ethically, is it right to pirate old games that are basically impossible to buy.

my answer is, nothing's impossible. There are always ways to buy things.

That being said, I downloaded Eye of the Beholder a couple weeks ago and had a blast playing through that old timer >.>

smallharmlesskitten
Gone Gonzo
Posts: 2275
Joined: 3 Apr 2008

Are they still making money and claim rights from the brand/game....No?

Good. You can pirate the game

shatnershaman
Gone Gonzo
Posts: 3002
Joined: 8 May 2008

Section 117 of the U.S.C. Title 17 (Copyright law), states::

Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner."

Sounds like you can have to own the old game you downloading.

Decoy Doctorpus
King of the Yetis
Posts: 1901
Joined: 15 Jul 2008

I find the idea that sony/nintendo/microsoft want to make a buck off of games that were released years ago, where the majority of the development team has moved on to other teams and thus recieves none of the profit, completely abhorent. Sail true dear pirates!

DannyDamage
Pulitzer Laureate
Posts: 797
Joined: 27 Aug 2008

Dommyboy:
A lot of times its the only way you can get the old game you want so in those instances I find it to be fine. Its like taking some old speakers you find in a dumpster, no one is selling them and nobody would lose money.

I agree with you dude, but technically you'd still be stealing the speakers. It's silly I know but I didn't make the rules.

Theo Samaritan
Infamous Scribbler
Posts: 515
Joined: 16 Jul 2008

dannydamage:

Dommyboy:
A lot of times its the only way you can get the old game you want so in those instances I find it to be fine. Its like taking some old speakers you find in a dumpster, no one is selling them and nobody would lose money.

I agree with you dude, but technically you'd still be stealing the speakers. It's silly I know but I didn't make the rules.

As technically stealing as it is, I still built an entire sound studio using nothing but dumpster-instruments the studios in london throw out every year. Perfectly usable, just not "todays tech".

DannyDamage
Pulitzer Laureate
Posts: 797
Joined: 27 Aug 2008

Theo Samaritan:

As technically stealing as it is, I still built an entire sound studio using nothing but dumpster-instruments the studios in london throw out every year. Perfectly usable, just not "todays tech".

Awesome. You did the right thing. I stated the legality of it but that doesn't mean I back it 100%. No city is more wasteful than London (imo) and so much technology gets thrown away because it's a day behind. Most of the audio and TV equipment I have are things friends didn't need anymore because they'd just upgraded. One man's trash is another's treasure and all that :D

oAmadeuso
Copy Clerk
Posts: 84
Joined: 7 Sep 2008

Sounds like you're talking about Abandonware.
The legality is sketchy.
Stuff like old snes - megadrive etc are not legal unless you own the cart I think.
These companies still use the old games for "classics" compilations anyway.

I personaly use my PSP as a portable snes / megadrive emu.

With emus people can achieve huge collections of roms and technically have hundreds of thousands
of pounds in copyright infringment though I doubt they would get sued.

Dommyboy
Gone Gonzo
Posts: 1080
Joined: 20 Jul 2008

dannydamage:

Theo Samaritan:

As technically stealing as it is, I still built an entire sound studio using nothing but dumpster-instruments the studios in london throw out every year. Perfectly usable, just not "todays tech".

Awesome. You did the right thing. I stated the legality of it but that doesn't mean I back it 100%. No city is more wasteful than London (imo) and so much technology gets thrown away because it's a day behind. Most of the audio and TV equipment I have are things friends didn't need anymore because they'd just upgraded. One man's trash is another's treasure and all that :D

Like if you went to the rubbish dump and found some old games and equipment you could use, nobody is going to hold that against you unless you have 'friends' who will bag you out for not buying overpriced things.
Lots of sites offer old video games to download for free, but you usually have to go through some quarrel like advertising the site which you are getting the games and so on. Also all the freeware you can get off the net sometimes isn't entirely legal and turns out to be piracy in some way, not sure where I am going with this but when somebody offers something to you for free, would you take it or not accept it?

SenseOfTumour
Infamous Scribbler
Posts: 600
Joined: 11 Jul 2008

Yeah, slightly off topic, but its sickening to see how much full working gear just ends up in the trash because it's not 'new'.

I just saved a 7pm camera from the bin when I was over at a friend of my mothers. She was literally going to just drop a fully working camera, all the leads and the original box, everything, into the bin, because she had a new one. 'Hey, I could use that!'

I'd advise everyone to look into sites like Freecycle etc, where you can post items you no longer need, so long as they work. I got my monitors from there, and I've supplied a few PC parts myself.

Back on Topic tho, if a game has passed the time where the original or rerelease is on sale in stores, and its not on Steam or the like, I'm happy to download it, as second hand etc just isn't gonna put any money back into the industry.

Virgil
IT Director
Posts: 993
Joined: 13 Jun 2002

I try to find legal copies of any games I play - even if they're secondhand. At the very least, if a publisher is watching the games exchanged on the secondhand market, it might spur them to re-release them.

And with services like Steam, Gametap, and GoG we're getting to the point where even most classic games worth playing are easily accessible.

dannydamage:
I agree with you dude, but technically you'd still be stealing the speakers. It's silly I know but I didn't make the rules.

I suppose it may be different in some places, but in the U.S. once an object is thrown out (in a dumpster, on the curb with trash, etc) it's no longer owned by anyone. It's considered 'disposed of' and is fair game. This is the same reason that police can search trash outside someones home without a warrant. You can get in trouble for trespassing if the dumpster is on private property, but not for stealing.

Knight Templar
Gone Gonzo
Posts: 1259
Joined: 29 Dec 2007

I would buy a copy if the game is no longer made and I can't find a copy, I wouldn't like it though.

Even if nobody is at a loss it just feels wrong, but I'm loyal to a fault.

Cyclomega
Infamous Scribbler
Posts: 599
Joined: 28 Jul 2008

Dommyboy:
A lot of times its the only way you can get the old game you want so in those instances I find it to be fine. Its like taking some old speakers you find in a dumpster, no one is selling them and nobody would lose money.

Seconded, and, may I say, sometimes the pirated version includes the required patches to have it run under your modern system.

Decoy> as said in a Fanboys Online strip about the WiiStore, you're paying once again to play on a NEW console a game you often already owned... I can't believe people think it's the best EVAR since sliced bread...

Azhrarn-101
Copy Clerk
Posts: 82
Joined: 15 Jul 2008

Abandonware is a legal grey area, but sofar very few publishers complain about it when you put their old no-longer in print games out for free. (Sites such as http://www.abandonia.com only exist for that reason)

The Spilly
Paperboy
Posts: 20
Joined: 16 Sep 2008

It really depends. I have pirated copies of Nocturne and Revenant only because they are imposible to find copies of. (Nocturne having its website shut down and Terminal Reality not even listing it as one of their games anymore). If I could find a copy of these I'd definitely buy them legit even though I already have a pirate copy simply because I support the game's creators.

I have actually bought a CD version of DOOM2 and Alien: Trilogy. (Seriously, who has a legit copy of doom?)

I also have bought games after pirating as well. Dawn of War, DArk Messiah, Oblivion, etc. On the flip side its saved me from buying a totally crap game such ad Prey and many others (most of which were so bad I didnt even bother playing more than an hour or two of the pirated copy they were so bad).

Hell, downloading has even helped me find bands I would NEVER have found otherwise (Tarras, Reflexion, etc). So I say if you buy the product and only use downloading to test the product its okay.

Although I may be a rare breed. >_>

Xaryn Mar
Beat Writer
Posts: 130
Joined: 17 Sep 2008

The Spilly:

Hell, downloading has even helped me find bands I would NEVER have found otherwise (Tarras, Reflexion, etc). So I say if you buy the product and only use downloading to test the product its okay.

Although I may be a rare breed. >_>

I kind of agree with you, but then agains we both might be part of the same dying breed.

Wewt
Beat Writer
Posts: 219
Joined: 3 Sep 2008

I think its awwwwright. I pirated descent freespace last year. Couldn't find the damn thing anywhere, and found out later that the company (volition) Doesn't exist anymore. Year later and i found aout about freespace source. Dickfuck.

Flunk
Copy Clerk
Posts: 88
Joined: 17 Feb 2008

Morally I think that if you can't get the game anymore it should be alright to pirate it. But saying that I believe that legally you have to wait until copyright runs out (something like 50 years but it differs depending on country) or the company does belly-up and no one retains the copyright.

I have a legit copy of Doom (and Doom 2) on diskettes.

Smells Like Muff
Anonymous Source
Posts: 4
Joined: 17 Sep 2008

Usually there are guidelines people use for software...

If the game is 7+ years old.
Not being sold directly by the creators or their distributers.
Not being actively supported (considered dead).

Most pick just one of the above and go with it. Technically it is illegal to do it but since the companies that own the rights dont care about the dead games they dont push the issue.

Think Wing Commander or Commander Keen and such.

Another good site for what they accept as uploads as well as an extensive listings of everything old is http://underground-gamer.com/browse.php?search=

-------------------------

-Muff

MA7743W
Muckraker
Posts: 261
Joined: 24 Feb 2008

I think it's fine to have, say, emulators which are just old games nobody buys anymore anyway.
When was the last time you went to a shop to buy a NES game anyway ?

d3stroyer427
BANNED
Posts: 62
Joined: 17 Sep 2008

I agree with the "if it is old, and u can't find it" argument. There are some games that they don't sell anymore, the company went under, etc. I think it's ok to pirate those.

User was banned for: "Gaymers" Speak Out On Homophobia. (Permanent)
Flour
Muckraker
Posts: 241
Joined: 20 Mar 2008

I have 1,2GB of NES and SNES roms, about 1800 games. I will never find these games in stores so why should I care how I get them?(not buying a game doesn't hurt the company that doesn't sell the game anymore)

If I can't find it, I download it, I also refuse to pay more than half of what the game originally cost, when buying a game used.(I didn't even pay half price for my copy of FF9, and that was a sealed copy years after production stopped)

There is a single "retro gaming" store where I could buy some NES or SNES games and it's on the other side of town. The prices are also higher than if I bought the games when they were released, so excuse me if I refuse to pay two or three times the old price for a used game released 10-20 years ago.

nightfish
Press Junketeer
Posts: 377
Joined: 7 Nov 2007

What about people like Sega and Capcom who are now releasing their old games on advanced consoles? I guess thats why they like to keep the rights, to make more money further down the line as we go all misty eyed over retro.

Padfoot13
Anonymous Source
Posts: 9
Joined: 14 Aug 2008

ROMs are a great way for new age gamers to see what things were like. but it technically is pirating since a lot of these games are coming back on virtual markets, and compilation disks.

Therumancer
Paperboy
Posts: 48
Joined: 28 Nov 2007

I do not consider Abandonware (or AbandonROMS) to be Piracy in any way, shape, or form. I see it similarly to Fabsubbed Anime/movies/whatever. Basically if something is up for sale and easily availible to you from the creator then it's wrong to obtain it for free. On the other hand if the product is not availible from the creator due to age, or simply it not being released to your market, then it's fair game.

Honestly though I think it's a matter of time before creators/owners of games begin to realize that there is money to be made by fixing them to run with modern hardware (including profesionally made versions of Slomo and Dosbox already running for the game or something). You see it to an extent with the old Retro-game collections for things like the PSP (EA Collection, Genesis Collection, etc..) I figure it's a matter of time before Abandonware becomes touchier when companies start selling compilations of a lot of their older former properties.

Anton P. Nym
Gone Gonzo
Posts: 1522
Joined: 18 Sep 2007

There are some games released into the public domain; Ur-Quan Masters (neé Star Control 2) for instance. I download those ones without blinking.

The other stuff, though... I downloaded an old MB/Games Workshop game, Space Hulk, because I thought it had been released as freeware only to find it taken down by DCMA request a couple of days later. You never know.

-- Steve

Amplify
Paperboy
Posts: 16
Joined: 31 Aug 2008

If a game is old (Snes and before) but was at some time or another sold in the UK, then I'll tour the various shops I know 'till I find one selling it.

Generally the only time (with very rare exceptions) that I download a game I don't already own, is if it's next to impossible for me to get my hands on. For example, just try buying a copy of Chrono trigger, Earthbound, FFVI or Super mario RPG from a shop in England. It would be easier to buy Plutonium over the counter of my local Boots pharmacy.

Syber_Sid
Paperboy
Posts: 25
Joined: 11 Apr 2008

IMO if the game in question is no longer produced then it's fairgame.

Ixus Illwrath
Infamous Scribbler
Posts: 583
Joined: 9 Feb 2008

Fire Daemon:
I think the only games you can download legally are ROMS from the SNES era or older. This is pretty much things from 1995 to lower. The games industry seems to agree with me.

You can download anything you want legally. Find me a statute that exists anywhere that says otherwise. The gaming industry/RIAA/MPAA might disagree, but when did we make them lawmakers?

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