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Can I Torrent games I own? (Solved!)
Toxin01
Registered User regular
Registered User regular
I own several old PC games I never got around to playing, mostly because my dad bought them and I was to young to really play them well. (Soldier Of Fortune II, Crimson Skies, etc) and I would like to go back and play them.
Unfortunately, my computer cannot read CD discs, but I own all these games.
Is it against the law to torrent them if I already own them? If so I wont, but I'd really like to play games I own.
Unfortunately, my computer cannot read CD discs, but I own all these games.
Is it against the law to torrent them if I already own them? If so I wont, but I'd really like to play games I own.
Aiden Baail: Level 1 Swordmage: 19 AC 14 Fort 15 Ref 13 Will (Curse Of The Black Pearls)
GM: Rusty Chains (DH Ongoing)
GM: Rusty Chains (DH Ongoing)
Toxin01 on
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If you have CD keys and can find a CD-key-free/non-cracked version, I don't see why not.
But if thats the case I guess I'll just stop being cheap and go buy a disc drive.
GM: Rusty Chains (DH Ongoing)
What's the check on that? How are you able to distinguish between Joe Blow's ISO and Steven Q's ISO?
And as long as you disable the upload portion of your torrent.
You may be able to get the company that produced the game to give you a new copy or something like that. Hell you may even be able to get the disc buffed where it's readable again.
My understanding is that it's not having the image, but the downloading/copying that violates the law. I could be wrong, however.
It's covered under a backup clause that a ToS cannot change. As long as you're only using it for archiving purposes. It's particularly a gray area still. No one is sure legally and judges seem to go either way.
The best bet is to grab an external CD-ROM and go to town.
Even an internal drive takes like 15 minutes to install. It's like 4 screws and 2 cables that you swap out. Incredibly easy.
This is bullshit that people who spread roms around claim to try and make it seem legal.
http://iplj.net/blog/2008/05/14/so-youre-an-attorney-tell-me-can-i-backup-my-cds-without-being-sued/
Granted this only covers music CDs, but I'd find it hard pressed that it'd be any different from a data CD.
tl;dr: it's a gray area.
This pretty much says no one is sure. Congrats on telling people it's ok to do something copyright lawyers are unsure of.
When did I say it was okay to do it? I said it was a gray area. No one's sure.
Care to try again?
Can trade TF2 items or whatever else you're interested in. PM me.
Solved, and hopefully we can get this locked before a copyright argument starts.
GM: Rusty Chains (DH Ongoing)
You're telling him to do it. So either you're saying it's ok, or you're advising someone to break the law in H/A, take your pick.
In case you wanted a real, legally backed answer:
No, you are not legally allowed to download backups of a CD you already own.
You are legally allowed to rip said CDs to an ISO on another machine in order to use them on your CD-less machine, as granted by US Copyright Law 117.a.i above under "an essential step in the utilization of the computer program in conjunction with a machine."
But your best solution is to get a drive. Seriously, why don't you have one? DVDRW drives are like $25 bucks. :P
Can trade TF2 items or whatever else you're interested in. PM me.
http://forums.penny-arcade.com/showpost.php?p=8673789&postcount=17
read it.
Can trade TF2 items or whatever else you're interested in. PM me.
Are you a lawyer? Because lawyers are saying they're unsure which way it'd go, and rulings have gone both ways. It also violates almost every ToS.
US copyright law trumps ToS.
Just because a judge tells you it's illegal to do something unless you blow out your brains doesn't make it suddenly legal. Sometimes shit gets through and needs to be appealed. Most ToS I've seen just says "Don't share this shit."
But if you violate the ToS although you're not breaking a law you're no longer bound by the agreement and no longer allowed to use said program/service.
Which isn't enforceable. ToS are sort of a legal ohshitcovermytracks clause for developers. They can make claims all they want, but if they're not enforceable by law, there's nothing they can do but cross their arms and go "humph." It's not like they can confiscate your CD or anything. And since that particular clause in a ToS has been found as non-infringing use, it voids either that clause of the ToS completely or the ToS as a whole (I forgot which it was).
I know this is getting off topic to the nth degree, but I need to beg the question.
How?
If the ToS is voided, it falls back to standard copyright. Which means "I paid for this, so I get to use it".
Incidentally, the whole falling back to copyright is why big business doesn't want to have the GPL tested in court. They're shitting their pants at the thought of an outcome in favor of GPL, since the GPL code they've stolen now means they're copyright infringers.
Fixed that for you. Section 117 does not give you the right to anyone else's backup copy; only to make and retain one yourself. If you made said copy from your original, and then your disc was damaged, you would still retain the right to your archival copy (117.a.ii) and be able to use it as your installation media (117.a.i) since you don't have another method of using the software.
It's like jaywalking or going 2mph over the limit on a divided highway. Rarely enforced, grey area, prosecution is the exception rather than the norm; but still illegal by the letter of the law.
(Sidebar - Yes, I'm aware of the license vs. sale argument.)
Can trade TF2 items or whatever else you're interested in. PM me.
Oh, I'm not saying that it's right or logical or anything. The problem is, as you state:
For every case where it's actually as you laid out above (License Holder #1 downloads bit-for-bit identical copy from License Holder #2, with no "piracy" involved) there's probably hundreds where it's Unlicensed Warezmonkey #m downloading it from Unlicensed Warezmonkey #n. So it would have to be one hell of an argument to outweigh that.
Can trade TF2 items or whatever else you're interested in. PM me.
He and I had a PM about that very thing. There's no way to distinguish it, and largely, it would be unenforceable. The only way I could see it getting enforceable is to disallow backups of any kind. Which, I'm afraid, would be very bad for them to do. Especially in this day and age where companies come and go like wildfire where there's no guarantee you'd get a digital copy if yours every went kaput.
I would really just give this one up. It's a "gray area" according to your article with phonorecords (i.e. music). For computer programs there's a specific statutory exemption, and is most definately not a gray area. Violating a TOS is not breaking the law and the remedy for violating the TOS is for the company to find out, sue you, then issue an injunction, or ask for damages (which would be $0).