• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Is it legal and/or moral to buy games and then pirate them without ever opening them?

It's illegal to make a copy, acquire from any other means or play non-original copies of games.

You have a LICENSE to PLAY what is accessible to you from that disc. If there's DLC locked on that disc, and whoever made that game decided that you shouldn't have access to that DLC, unless you pay an extra fee, that's how it is.

Is it morally right? That depends on the morals of the person who is judging you.

When you buy a video game, you don't buy the game. You buy the license to play the game through the game console through the original copy, ONLY.

Copying the game, dumping the game, and emulating the game...all of those things technically violate your license because they modify the source material.

You don't have permission to copy / dump / emulate the game. But if it's a game that the original company hasn't made money on for a very long time...I don't think pirating is morally wrong at all.

Now if you pirate a brand new release, that's another thing. You don't give the company money for their hard work, and I think that's fundamentally unfair. These days I buy all my games brand new...AND at retail.
 

joe2187

Banned
You have a LICENSE to PLAY what is accessible to you from that disc. If there's DLC locked on that disc, and whoever made that game decided that you shouldn't have access to that DLC, unless you pay an extra fee, that's how it is.

Is it morally right? That depends on the morals of the person who is judging you.

I judge you to be an awful person
 

drizzle

Axel Hertz
Right, that's my understanding.

If you're not allowed to break the enryption or to circumvent the DRM restrictions applied specifically to not allow copying of said content, how are you supposed to have a copy of it, since you can't download it off the internet either?

You're not.

I judge you to be an awful person

That's the world we live in. I didn't make the rules, why am I awful?
 

Eusis

Member
I believe you're allowed to make one backup of a game. For personal use only.
Unless we're talking about completely unprotected stuff like Sega CD and Turbo CD games it's illegal to circumvent copy protection methods, and ripping the game then making it play on an actual console WOULD qualify I'd think. I might be misremembering though, or they changed that.
 
I guess, but keeping it unopened in order to keep the value of a sealed copy for later makes it shady.
That is true... and yet, it's usually the fair recommendation of most fan translators - if you've wanted to play this game in [language] for some time, import the J copy and "dump/patch it yourself", so as to support the original companies.
i saw something like this on one of those warez sites, the uploader of the game basically states in the end of his info log that:

"please don't forget to support this company by buying the game"

i think its makes the uploader feel that he isn't doing something illegal.
Ah see, there we go! lol
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
Final verdict: Break that shrink-wrap or you're a thief.

Well, not a thief.

A Shady McCheaterpants.
 

Jarmel

Banned
If you're not allowed to break the enryption or to circumvent the DRM restrictions applied specifically to not allow copying of said content, how are you supposed to have a copy of it, since you can't download it off the internet either?

You're not.

Ah I see. Wow that's kinda bullshit.
 

Boss Man

Member
It's illegal to make a copy, acquire from any other means or play non-original copies of games.

You have a LICENSE to PLAY what is accessible to you from that disc. If there's DLC locked on that disc, and whoever made that game decided that you shouldn't have access to that DLC, unless you pay an extra fee, that's how it is.

Is it morally right? That depends on the morals of the person who is judging you.
That's the world we live in. I didn't make the rules, why am I awful?
Because he thinks you're awful and he's the one judging you.
 

drizzle

Axel Hertz
That type of practice should not be encouraged or become standard

Just because you don't agree with something, doesn't mean that it's not the truth.

You don't actually know if I think that's right or wrong. Don't shoot the messenger, I'm just saying how it is.

Because he thinks you're awful and he's the one judging you.

And he has that right. But he has to know what I think of it before calling me awful. I never expressed my opinion on the subject.

Unless he just thinks I'm awful because I'm stating facts.
 
I am not advocating doing anything that is expressly illegal.

However, I am of the mind that there are laws that do not legitimately serve the interests of anybody. I think Fair Use should win. So if you have legally purchased a game, movie, music, or any other content, you should be able to consume that content in any manner in which you see fit. As long as you maintain ownership, do not transfer it to another party, do not "lend" it to another party in a manner that allows more than one person to consume the content at any one time, and do not make a copy available for any other person in any way, then I say you're good.

I am rigidly opposed to piracy. I say if you have not paid for it, you cannot consume it. If they catch you pirating, then I hope they chop off your hands or something. But if you have paid for it, and you're the only one using it, then you're good with me.

But I am not a lawyer.

I also do not hope they chop off your hands. That's a tad extreme.
 

DocSeuss

Member
Fallout 3, my Steam copy, hit a point where it just wouldn't work for me at all, no matter what I tried. Would I be justified--not legally, but logically--in pirating a copy of the game? I also bought all the DLC day one and the GOTY edition of the game.

(it's cool; there's no reason for me to go try this because I have a significantly different computer/Fallout 3 install now)
 

drizzle

Axel Hertz
Fallout 3, my Steam copy, hit a point where it just wouldn't work for me at all, no matter what I tried. Would I be justified--not legally, but logically--in pirating a copy of the game?

Legally: It would be illegal.

Morally: You'd get banned by admitting to doing it in a Neogaf thread, depending on the mod and the tone of the conversation.

I would rather not express my opinion on the subject.
 
I'm just curious why are you asking us? Are you paranoid about it and wanted to get it off your chest? If you want to do then go ahead, though my opinion is games are meant to be played not displayed. (kinda hypocritical since i have hundreds of games sitting on my shelves.)
 

LuchaShaq

Banned
Legal? No

Moral, ask yourself. I'd have zero issue with it.


That said there are too many great games nowadays to waste the time pirating games I refuse to buy legally above like 5$ (due to crazy drm/online passes/other bullshit).
 

deviljho

Member
So I can sell them on ebay and pull one over on the man. In reality, hypothetical.

46jc3.gif
 
Legally you are allowed to have a copy of a game that you own. You shouldn't not accept copies from a friend, because you should not encourage the dissemination of pirated software. About the DRM issue- it's the distributor's decision whether to use DRM or not. Let's say you get locked out of your house or your car. It's legal to break in (I've broken into my car on 2 occasions) without persecution from law enforcement. Hope that helps.
 

Yagharek

Member
Morally you have paid for it so thats ok. Legally speaking, you have pirated it and that's not ok.

Personally, I would advise people not to follow in the OPs footsteps. Especially if the game in question is a sealed halo 4 copy which is unlikely to be collectible with 4 million of them floating around. There is no justification beyond the very tenuous excuse offered in the OP.

in short: dont do it.
 

Valnen

Member
It's 100% definitely morally OK. Unless you're some kind of kooky relativist who doesn't believe in things being right or wrong. Not sure about the legality of it.

Yeah as long as he doesn't sell his physical copy and continue playing I don't see anything wrong. This isn't really any different than ripping a game to play it on Dolphin or playing games region free from usb on the Wii. I guess both are technically illegal but morally wrong? Hell no.

Too much hassle for me though, I prefer just putting in the disc and having it work. Don't have a computer that can run emulators anyway.
 
Fallout 3, my Steam copy, hit a point where it just wouldn't work for me at all, no matter what I tried. Would I be justified--not legally, but logically--in pirating a copy of the game? I also bought all the DLC day one and the GOTY edition of the game.

(it's cool; there's no reason for me to go try this because I have a significantly different computer/Fallout 3 install now)

Has to be your copy, or else you're involved in dissemination.
 

Oshimai

Member
lol OP

heres your solution

if you want to play a game and keep a sealed copy for yourself, then you should buy two copies of the game.

if you have no interest in playing the game but want to keep a sealed copy, then purchase one copy of the game

if you want to play the game and want to keep a sealed copy but only want to pay for one copy of the game, then decide if playing the game is more important or keeping the sealed copy

if you don't know if want to play a game but still want to keep a sealed copy, read reviews, watch gameplay videos, rent the game, or try the demo. if you decide you like it enough, purchase two copies of the game; one to play and one to keep sealed
 

emb

Member
I think it's only legal if you personally do the backing up yourself? ie, you take the game out, rip it and burn a backup copy for personal use. So already no. But I've heard conflicting information on that before; sometimes people say it's never legal, other times people say it's fine even to download as long as you own some form of the game. I just assume it's all illegal.

Personally, I think it's not really moral either. You're retaining additional value, while still enjoying the benefits of devaluing the product. But anyone who has gone to the trouble to mod their system for the ability to play burned games probably isn't such a stickler. I doubt it's something that would bother me if I had already made the leap to pirating any other games.
 
My take: if you have legally bought a copy of a game you're morally in the clear to play it however you wish.

see: PC games bought bogged down with garbage DRM, which the user then has the ability to crack/strip.

Yeah this is something I've considered doing with games requiring Steam (buy game on Steam, download and play pirate copy) but am reluctant to go on pirate sites and use torrents. Seems like it would be a hassle.

Edit- By the way, is what I described above illegal too? The OP is about physical discs. Let's say you could download a pirate PC copy without uploading on torrent so no sharing, still illegal?
 

EVOL 100%

Member
Well if you're not going to sell it that's fine then. Don't really understand why you're putting up with a hassle like that though.
 
op, don't let other peoples moral compass guide you.


on the other hand, what you are suggesting is pretty fucking stupid/legally dubious. Just buy 2 copies.
 
Yeah this is something I've considered doing with games requiring Steam (buy game on Steam, download and play pirate copy) but am reluctant to go on pirate sites and use torrents. Seems like it would be a hassle.

Edit- By the way, is what I described above illegal too? The OP is about physical discs. Let's say you could download a pirate PC copy without uploading on torrent so no sharing, still illegal?
It is illegal to distribute in any way copyrighted material without the permission of the copyright owner. If you download it, that is still distribution, you are still breaking the law.

And I don't really get the point - why pirate something you've already bought on Steam? You can download from Steam even more easily, and there are no downsides at all.
 
It is illegal to distribute in any way copyrighted material without the permission of the copyright owner. If you download it, that is still distribution, you are still breaking the law.

And I don't really get the point - why pirate something you've already bought on Steam? You can download from Steam even more easily, and there are no downsides at all.
So I don't have to run it. Didn't know distribution is downloading too and not just upload, oh well.
 

Almighty

Member
Legally I am pretty sure it is still illegal.

Morally I have no problem with it. As long as you aren't reselling the game that is. For example I know people who buy the game then pirate it to bypass some annoying/intrusive DRM schemes. I think that is a dumb idea myself as I think not buying the game would send a stronger message, but I see no problem with that morally speaking.
 

Toki767

Member
I would buy two copies and not open one of them if it was a game I think would end up being rare or their value would be high in 10-20 years.
 

Stumpokapow

listen to the mad man
Given the preponderance of actual, honest-to-goodness piracy in the world, it seems to me like trying to engage in hand-wringing worry about the marginal morality of edge case actions like this is wasted emotional effort, especially given the fact that no legal sanction would ever be taken on this basis.

But I would note that by opening something, you "use" it and reduce the value. By keeping it sealed, it retains full value. So part of ownership rights is deciding between keeping something pristine and being able to fully use it. So clearly by scamming the system this way you are making an active decision to circumvent the intended effect of usage--reducing value of the product. If you absolutely must insist on having an answer on whether this is the "right" thing to do, let this inform your thinking.
 

mollipen

Member
Why would you even DO such a thing

All of my physical copies of the Persona games are un-opened, and I play separate (PSN-acquired) digital versions instead. I have no plan to get rid of those copies, but I also have no plan to open them.

So, in a case like that, I can totally understand the mentality of the question. I own a legit copy of the game, so I wouldn't be playing the downloaded version with no compensation having gone to the publisher.
 
Morally, errrr, you're giving the dev/pub/etc their cut so sure why not. Unless you're buying used, I guess.

...Just don't bother :lol
 

LiquidMetal14

hide your water-based mammals
I would buy two copies and not open one of them if it was a game I think would end up being rare or their value would be high in 10-20 years.

This is what I was thinking first.

I can't say I advocate piracy but this is a grey area. I wouldn't condone buying a game then downloading it because you think it's within your legal right but then proceeding to sell the sealed game for about 45USD. Let's just say this is a big budget game that goes for 60. You sell it for 45 with shipping and maybe make 40 on it. I view this as naive and dirty.

It happens all the time with scalping and the buyer (maybe me or you sometimes) doesn't care as long as they are getting a bargain. We all want to save money but to exploit a situation by using piracy as a springboard is something I can't agree with.
 

nib95

Banned
Legal: no. Ethical: I don't see why not.

This. End of the day you paid for it, you just want to keep it sealed is all. I can understand why you might want to do this as well. I've sold sealed copies of games like Shenmue etc for quite a fair sum.
 

BlazinAm

Junior Member
Given the preponderance of actual, honest-to-goodness piracy in the world, it seems to me like trying to engage in hand-wringing worry about the marginal morality of edge case actions like this is wasted emotional effort, especially given the fact that no legal sanction would ever be taken on this basis.

But I would note that by opening something, you "use" it and reduce the value. By keeping it sealed, it retains full value. So part of ownership rights is deciding between keeping something pristine and being able to fully use it. So clearly by scamming the system this way you are making an active decision to circumvent the intended effect of usage--reducing value of the product. If you absolutely must insist on having an answer on whether this is the "right" thing to do, let this inform your thinking.

What is honest to-goodness piracy? Are you referring to the open source community and content makers who use torrents to distribute their products?
 
Top Bottom