What is PIRACY?

Discussion in 'Games' started by Squidge Monkey, Jan 16, 2006.

  1. Squidge Monkey macrumors newbie

    Squidge Monkey

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    #1
    Dictionary definition of pirate is:- 1. A person who infringes anothers' copyright or other buisness rights. 2. A person, organization, etc., that broadcasts without offical authorization. 3. appropriate or reproduce (another's works or ideas etc.) without permission, for one's own benifit.

    So now we have difined Piracy, my question is:- When is piracy well piracy?

    Let me use a situation i have just been in, I have a copy of Jedi Knight 2: Jedi Outcast. Which i purcashed legally, but just recently my girlfriend broke the CD. So when i try to find a No CD patch for the game am I commiting piracy? :confused:
     
  2. thedude110 macrumors 68020

    thedude110

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    #2
    I have no idea what a "No CD patch" is, but if it's illegal, does it really matter if it's piracy?

    You buy it, you break it, you buy it again.

    Unless we're talking about a gesture rooted in radicality toward the overthrow of capitalism. In which case, please, steal all you'd like.

    For the revolution, you know.

    Not the Nintendo Revolution ...
     
  3. gekko513 macrumors 603

    gekko513

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    #3
    I don't like piracy, but if I were in your situation I wouldn't feel guilty if I could get hold of a "No CD patch" even if it would be technically illegal. That's just my opinion. Remember to back up the CD next time, if it's possible.
     
  4. BornAgainMac macrumors 603

    BornAgainMac

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    #4
    Technically, if you can provide proof that you purchased the software that you should be able to replace the media for a small fee or free. I don't believe it is illegal if you replace the media yourself. You don't own the software, just a license.

    Edit: I don't know what a No CD Patch is. I only know that you should be able to replace your CD with a copy.
     
  5. Dagless macrumors Core

    Dagless

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    #5
    Nope, its not breaking the law and you shouldn't feel guilty about it! Why? well gamecopyworld.com has been up for bloody years now and they're fully legal.

    I have Doom 3 with a no CD patch along with a few other random games. No problems in it, id games have my money. nobody else is playing my game. no problems there at all.


    Though its funny- apparently its illegal to even lend out or borrow a game.
     
  6. ~Shard~ macrumors P6

    ~Shard~

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    #6
    In this case, since you have the technology and the means to do so, I don't think this is a bad thing, whether the law defines it as illegal or not. If you rightfully paid for something, you should be able to continue to use and enjoy it, even if this type of a scenario has happened to you.

    I suppose on the other hand, one could argue though that if you bought it and it broke, that's TFB. I bought a nice porcelain vase, and it broke, so now I'm screwed unless I shell out money for a new one. (Hypothetical example.) In this respect, I should have taken due care and attention in protecting my vase so this wouldn't happen, just as in your case, you should have backed up your copy "just in case" as well.

    Oh, and for those of you who don't know, a "no CD patch" is simply a patch which lets you play a game without having the CD in the drive. This is a form of copy protection many game companies use - they require the official game CD/DVD to be in the drive so you can't simply play a version of it off the HDD.

    But I'm probably not the best person to be talking about piracy - just look at my 'tar... :eek: :cool:
     
  7. MRU macrumors demi-god

    MRU

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    #7
    I thought Piracy involved big ships, nice booty, wooden 'legs' and exotic birds.. Or is that just my dreams :D
     
  8. Soulstorm macrumors 68000

    Soulstorm

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    #8
    Actually, piracy is when you make a no-cd patch and redistribute it.

    If you use the no-cd patch for your personnal use, and you legally own the program that you have cracked in your HD, there is absolutely no law that prevents you from using it. There are laws, however that forbid you to redistribute it.

    Read the licence that comes with every game-program. It says that anauthorised copying and redistributing is illegal. It doesn't state anything about copying and using it for yourself if you own the program. No one is going to arrest you for that.
     
  9. blackstone macrumors regular

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    #9
    While I do agree with those of you who say that there's nothing morally wrong with downloading the No-CD patch, I think that legally, you're (at best) skating on thin ice and need to consult with someone who is familiar with copyright law. When you download and use an illegally patched version of the program, you are no longer using the original program -- instead, you are using an illegally modified variant of the program that was modified for the specific purpose of circumventing the copy protection mechanisms. Thus, it doesn't fall under the original program license. Using the illegally modified version might violate the DMCA (which has really broad language prohibiting circumvention of copy protection mechanisms) or might even violate the terms of the license.
     
  10. ~Shard~ macrumors P6

    ~Shard~

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    #10
    Oh, I realize that, and you are indeed bang on. I guess this gets back to the whole "moral versus legal" debate, as there are valid arguments for both sides... ;) :cool:
     
  11. XNine macrumors 68040

    XNine

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    #11
    Well, I would personally keep your broken CD around. In case anyone comes knocking at your door you can say "hey, I own the thing, it's just broken." I've downloaded music that I couldn't play from CD's anymore cos someone has scratched it or whatnot.
     
  12. Ashapalan macrumors 6502a

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    #12
    i think piracy can get really petty.

    eg, if i buy season one of lost on dvd, i believe that i should be entitled to back it up on my computer hard drive, as long as only i have copies of it, what's wrong with doing that?
     
  13. caveman_uk Guest

    caveman_uk

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    #13
    Not in the UK it isn't. In the UK you have no fair use rights. None at all. You aren't actually legally allowed to put your own CDs on your ipod. Just because the record companies don't prosecute anyone for it (or indeed Apple) doesn't mean it's legal.
     
  14. blackstone macrumors regular

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    #14
    Still, that's not likely to be very helpful as a defense if the downloaded copy is not the same thing as what was on the original CD. The OP legitimately obtained the original CD and has the right to make a small number of copies of that CD for his personal use. But here, the OP is downloading an illegally modified version of the program.

    Imagine a similar situation: The OP buys the program CD and then does his own hacking to remove the copyright protection. He makes a copy of this hacked CD for his personal use. And then the anti-piracy mafia break down his door. They won't care whether or not he's still got a copy of the original CD, because the problem is that he owns a hacked CD.

    The same thing is going on here: If the OP downloads a hacked version of the program, then it comes from an illegal source. Maybe there's some other defense he can assert in court, and maybe not, but he can't just wave around the un-hacked CD and expect the RIAA/MPAA/whatever lawyers to shrink away from it like a vampire from garlic.
     
  15. XNine macrumors 68040

    XNine

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    #15
    Oh, no doubt. These corporate monsters are sucking the blood from their customers. But honestly, do you think anyone who has any sense of decency would go after the OP for doing what he's done? I don't. And I know that the MPAA/RIAA/**AA would be screwing him over if they could, because that's what they like to do. But i don't think the publishers/owners of that game would go after him or lead anyone to him for what he's doing, especially if he has proof that he owns it.
     
  16. XNine macrumors 68040

    XNine

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    #16

    That's not piracy. Piracy is obtaining a file by illegal means, of which include renting and ripping, borrowing from someone else and copying, downloading, uploading, loading, physically stealing, or otherwise obtaining any data that you do no t personally own the original copy of.
     
  17. ~Shard~ macrumors P6

    ~Shard~

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    #17
    I think the highlighted text above would be the key point to that whole statement. If you have paid money and own an original copy, that is different than outright acquiring a copy of something which you have never paid for or owned.

    Mind you, even in the OP's situation, is acquiring a "no CD hack" (which technically falls under the category of an illegal copy) acceptable since he owned an original copy?
     
  18. AllieNeko macrumors 6502a

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    #18
    Piracy is "the practice of attacking and robbing ships at sea" according to the Oxford Dictionary Dashboard Widget.

    While **AA's (MPAA, RIAA, etc) and others use this term for copyright infringement, copyright infringement realistically bears almost no resemblance to piracy.

    Regarding your CD scenario - it depends on where you live. You're allowed to have a backup of the media. You're allowed to copy it for your benefit. Breaking the media does not break your license. BUT - in the United States there's a law called the "Digital Millennium Copyright Act" which makes software designed to circumvent a digital copy protection scheme illegal.

    Merely copying for your use isn't - the no CD patch IS illegal in the US. Welcome to the idiocies of copyright law in America.

    Leave the US and the situation changes, but I'm pretty sure you're totally safe in Canada (NOT positive - I'm not a lawyer so don't come banging on my door if I'm wrong - about any of this post).
     
  19. Lacero macrumors 604

    Lacero

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    #19
    In mathematical academia, it refers when the sexy Greek periphereia is so hot, she slowly takes off her clothes and strip dances in front of a whole bunch of geeky nerd types with pocket protectors and thick-rimmed glasses that they circumference all over themselves.
    Here's to the Crazy Ones [​IMG]
     
  20. greatdevourer macrumors 68000

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    #20
    You are OK. You can download the no-cd as long as you bought the game (for instance, I have no-cds on all my games because I hate disk switching)

    Think about it for a moment :rolleyes:
     
  21. Johnny Rico macrumors 6502

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    #21
    The fact of the matter is that if you're not widely redistributing it or making it available in a public manner (ie, using a no-cd hack for a hundred machines in a gaming competition), you aren't going to be bothered by anyone for any reason regardless of the legality of the situation.
    Think of it like this: You have a game, which you apparently acquired legally. Your means for using it has become damaged so you then illegally acquire a means of using it, putting the use of the game in a grey area, legally speaking. However, you're using the game at home for your personal entertainment and you don't bother anyone with your game or try to sell it off to people.
    The analogy that I'm going to use is my Bong. I have a nice glass piece, classic tube design. I went to a store and acquired it legally. My means of using it was affected negatively however: I did not have any Tobacco to put in it. I then chose to illegally acquire a means of using it by going to my friends house to purchase marijuana. I now have a fully operational bong and a means of using it that is, hmm, questionable, legally. However, I'm smoking my bong at home for my personal entertainment, I don't bother anyone with it and I don't try to sell my marijuana off to people.
    In both, nearly identical cases, we are at home minding our own business while at the same time participating in legally not-for-certain (in some cases moreso than others) activities. In both cases we are certainly not going to be hassled by any authority that is attempting to intervene in our personal forms of entertainment. And, in both cases it is our personal moral judgement that will in the end govern our activities, NOT the written code that can be in no way applied to our specific situations.


    Edit: Remember folks, no one is free while others are oppressed, whether the oppression be from the color of your skin, the religion you follow, the plant in your pipe or the data on your hard drive. If you have something to believe in then FIGHT.
     
  22. jdechko macrumors 68040

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    #22
    I agree that it really is an issue of "moral vs. legal" in the situation that the original poster mentioned.

    I have a Sony VIAO R505GL that has the docking station which has my CD-RW/DVD drive. I dont carry the docking station with me everywhere. So if I want to play a game away from home, I'm SOL, except for the fact that I use a No-CD patch. So as far as a No-CD patch for those reasons, I dont feel guilty.

    There are other ways around it, though, depending on the type of protection. For instance, one could create an image file of the disc and store it on the HD, and mount the image when he wanted to play. The problem is that it gets rather large, but as it is a back-up copy, there are provisions for it in most user agreements.

    Another reason that I would "support" piracy is this. I downloaded Need For Speed: Porsche Unleashed... illegally. I enjoyed the game, so I purchased a copy. (I'm not condoning this practice, I'm just giving the background.) However, when I installed the game, it would not give me the 1024x768 resolutions, even though my machine could run it at that size. The program forced me to run it at 800x600 (and on a laptop screen, it gave me a smaller picture, because of the 1024x768 native resolution). So I uninstalled the game, and reinstalled it from the downloaded copy, which let me play in 1024x768. Again, I do not feel bad for this, nor do I feel like what I did was morally wrong, though I may be viewed as illegal.
     
  23. blackstone macrumors regular

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    #23
    The bong analogy is a good one. In both cases, you're doing something that could get you into trouble but is generally unlikely to do so. Still, there's always the risk that you end up buying your marijuana from a narc or that you download the illegal patched software right before the warez site gets raided and the **AA's sue everyone who ever used the site.

    In both the bong and the no-CD hack situation, I think that many people, after evaluating the relatively small risk of getting caught and the fact there doesn't seem to be anything inherently wrong about the act anyways, would choose to do the act ... but you need to know the risk is there in the first place in order to make a rational decision about what to do. If you convince yourself that buying marijuana is actually legal (outside of Amsterdam, that is), or that downloading hacked commercial software is something that the **AA's wouldn't care about, then you're deluding yourself into a false sense of security. That's all I'm saying.
     
  24. bousozoku Moderator emeritus

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    #24
    I would be accepting of someone who did this in this situation but it would be technically illegal since the developer is the only group authorised to make changes to the software, unless of course, it's protected by an open source software licence.

    Even backups of some software is forbidden but, for normal use, backups should be done.
     
  25. DrNeroCF macrumors 6502

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    #25
    Send the company the broken cd, ask them to replace it, you pay all shipping costs, as well as about a dollar to cover the raw cost of the cd printing. Tell them that if they don't comply, you'll just have to use the no-cd hack. :D
     

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