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Why History Needs Software Piracy

wolfmat

Confirmed Asshole
Well then I'm loading up a flash drive with my top 5 and burying it in the backyard right now, I suggest you do the same.

No post-apocalyptic civilization will go without experiencing Mario or Sonic. Not on my watch.

You filthy pirate.

HK83M.jpg
 
Online piracy is like fouling in basketball. You want to penalize it to prevent it from getting out of control, but any effort to actually eliminate it would be a cure much worse than the disease.

Boom. Nail on the head.

Companies want to stop getting fucked in the ass by dirty pirates, but at the same time, they desire to retain their ability to fuck legit consumers in the ass.
 

Yagharek

Member
Video games aren't that important.

True, but a routine of archiving is important. Today, we only know what we do about ancient languages and the history of how written language evolved through a series of chance discoveries and painstaking work to decode them.

Imagine if in say, 200 years, we have created an entirely new species: digital life/AI. In the context of the history of developing digital languages and programs, archiving something seemingly obscure such as Speedball on the Amiga 500 may actually help some future research. We just don't know what will be useful, but the flow in time of development and learning is extremely important.

In that context, the sentiment of people like phisheep is dishearteningly shortsighted.
 

phisheep

NeoGAF's Chief Barrister
Seriously? You have no problem with old movies or games just being lost forever?

It's not a question of whether or not society will be perfectly fine without them (of course it will). I don't see what's wrong with wanting to preserve these things so that future generations can enjoy them.

I also disagree with the notion that something else will just fill the gap.

Yep, seriously. I have no problem with anything being lost forever. The future can and will take care of itself regardless of what we preserve or what we don't.

For clarity, I don't see that there's necessarily anything wrong in wanting to preserve things, but I don't think there is necessarily anything right or mandatory about it either.
 

maus

Member
I imagine there will still be hundreds of preserved copies of Super Mario Bros. in 200 years, while no one will know what a Gears of War is. And I'm fine with that.
 

Des0lar

will learn eventually
I imagine there will still be hundreds of preserved copies of Super Mario Bros. in 200 years, while no one will know what a Gears of War is. And I'm fine with that.

All those copies of Super Mario Bros. are gonna be unplayable in 200 years. If we're talking physical copies.
 
Maybe the source of a few games have been lost, but the source would never be archived by pirating either, unless the company wants (Unreal/doom 3 etc). I believe they at least hold the finished product. If they don't, it's possibly not needed for archive.
 
Exactly. Phisheep missed this point in his rush to post his facetious last paragraph.

Also, look at a recent classic game as an example: Panzer Dragoon Saga is, relatively speaking, dangerously close to vanishing. I sure hope people out there have archived the game, seeing how Sega didn't.
Panzer Dragoon Saga exists in emulation form, and is playable. That's all I'm gonna say . . .
 

snap0212

Member
Yep, seriously. I have no problem with anything being lost forever. The future can and will take care of itself regardless of what we preserve or what we don't.

For clarity, I don't see that there's necessarily anything wrong in wanting to preserve things, but I don't think there is necessarily anything right or mandatory about it either.
So you would okay with just knowing that planes fly but don't want to know how the whole thing started? Or cars, electricity... every single invention/discovery ever made?
 

Yagharek

Member
Panzer Dragoon Saga exists in emulation form, and is playable. That's all I'm gonna say . . .

I've always assumed that it does exist, but I guess I'm more concerned about the lack of concerted efforts to preserve titles like this. Its not even a game I have any intention to play, buy or emulate. But one day other people will, and I think they deserve the opportunity.
Of course, should Sega ever find the source code, I'm sure it would be worthy of buying to encourage them to keep it this time.
 
Yep, seriously. I have no problem with anything being lost forever. The future can and will take care of itself regardless of what we preserve or what we don't.

For clarity, I don't see that there's necessarily anything wrong in wanting to preserve things, but I don't think there is necessarily anything right or mandatory about it either.

Yeah i'm not sure i think it should be mandatory but it is something that we should be trying to do.
 
I wish I could find it, but there was a video interview with Sega a few years ago where the representative was asked why they never released compilations of their arcade classics instead of Genesis games. The answer: Sega has lost the source code for those coin-op games. Sega literally cannot find the source code in their IP archives. So they kept releasing Genesis games instead.

Thankfully, emulation has preserved ROM dumps of those arcade boards and they are playable in MAME. Of course, ROM dumps vary in quality, but generally they keep the games at least playable even if they aren't 100% accurate in emulation.

Edit: here's the video from Kotaku - http://kotaku.com/#!5028197/sega-cant-find-the-source-code-for-your-favorite-old-school-arcade-games
 

sphinx

the piano man
I am shocked that these companies lose the sourcecodes for their games.. I mean, what the hell, it's like

Ludwig van Beethoven: " Well, yesterday I had the final and only version of my 9th symphony here on the piano but I can't find it, the maid probably put it on the trash, oh well.."
>_<
 
Here's a Gamasutra article on the topic from a year ago: Where Games Go to Sleep: The Game Preservation Crisis

Gamasutra said:
Digital Leisure revealed that the original source code for Dragon's Lair and Mad Dog McCree was either lost or could not be accessed due to the media it was stored on. Digital Leisure would end up working with outside personnel and fans to re-create an authentic arcade version of these games for new platform re-releases. Digital Leisure also expressed their frustrations of being unable to acquire the rights to re-release older laserdisc games to new platforms, due to the fact that the original source material for certain laserdisc games no longer exists.
 

phisheep

NeoGAF's Chief Barrister
So you would okay with just knowing that planes fly but don't want to know how the whole thing started? Or cars, electricity... every single invention/discovery ever made?

Yeah, sure. And my grandfather was in fixing aeroplanes in the early days of aviation in 1914 and my other grandfather was an electrician at the time when domestic electric power was about as old as the internet is now - when being an electrician was sexy (apparently).

Yeah I'd be fine with that.

What I wouldn't be fine with is a gazillion historians faffing around over the minute details of it all a century later.

EDIT: This is turning out to be a much more interesting thread than I thought it would be.
 

Bing147

Member
I really think there needs to be a statute of limitations placed on this stuff that is within the timeline where the games are still easily available to be dumped and there are going to be plenty of working copies but not so soon that it infringes on the publisher's ability to make money in any major way. 10 years seems reasonable to me but I guess I wouldn't even oppose 5... I'll put it this way though, I would never download a game for a current generation console. But I don't see any reason people should feel guilty about downloading a copy of an old game like Suikoden 2 or Earthbound. You can't buy Suikoden 2 from the developers at this point and I see no reason anyone should feel guilty about downloading it as opposed to paying some ebay collector $200. Either way they aren't giving anything to the publisher.

The only problem with such a thing is that it could potentially infringe on the profits from things like PSN and Virtual Console. But from how little Sony/Nintendo have pushed such things I doubt they are particularly profitable anyway. Everyone has played Super Mario Bros, how many want to pay 5 dollars to play it again? They keep putting new games up so there must be some profit to be had there but if it weren't limited they would put a lot more push behind them.
 

Joni

Member
With this kind of piracy I'm okay, but the writer of that article seems to miss what kind of piracy the publishers are fighting. A publisher doesn't care that you're spreading an ISO of some PS1 game, they care about that day-one released pirated copy of their new game.
 

phisheep

NeoGAF's Chief Barrister
I really think there needs to be a statute of limitations placed on this stuff that is within the timeline where the games are still easily available to be dumped and there are going to be plenty of working copies but not so soon that it infringes on the publisher's ability to make money in any major way. 10 years seems reasonable to me but I guess I wouldn't even oppose 5... I'll put it this way though, I would never download a game for a current generation console. But I don't see any reason people should feel guilty about downloading a copy of an old game like Suikoden 2 or Earthbound. You can't buy Suikoden 2 from the developers at this point and I see no reason anyone should feel guilty about downloading it as opposed to paying some ebay collector $200. Either way they aren't giving anything to the publisher.

Ocarina of Time 3DS
 

Durante

Member
One more vote for old-style 14-year or 28-year copyrights.

Until the 1950s, each generation got to enjoy the creative works of their parents' generation without these restrictions. Today, however, a time will soon come when no living person ever sees anything they've enjoyed come into the public domain. How many people do you know who have vivid memories of the years before 1923? And such people are becoming fewer and fewer every year.
This hits the nail on the head. It's not a problem unique to games (though, being interactive, they are more challenging to preserve than most art forms), it's a general problem with copyright law being twisted into something it was never intended to be. A return to a sane copyright period (that doesn't extend more than 2 decades at most) would remedy this and a host of other problems.
 

KevinCow

Banned
I agree with phisheep. Old games aren't important. It's not like people today still enjoy and get inspired by old movies and music. Mozart who? Citizen Kane what? I just listen to Lady Gaga and watch Transformers.

It's not important for people to be able to look back at games like Pong, Pac-Man, Space Invaders, Asteroids, Donkey Kong, Super Mario Bros., Street Fighter 2, and Doom to see how and why games evolved to become what they are.
 

mr_toa

Member
I am shocked that these companies lose the sourcecodes for their games.. I mean, what the hell, it's like

Ludwig van Beethoven: " Well, yesterday I had the final and only version of my 9th symphony here on the piano but I can't find it, the maid probably put it on the trash, oh well.."
>_<

And then image how is would be if the original score was gone, how Josef Böhm (thanks wikipedia :-D) would be heralded as a HERO if he'd taken a copy of the nodes during rehersals for first performance in Vienna.

That's it! Time to bring out the SSD and preserve me some Amiga-love for the future!
 

Bing147

Member
Ocarina of Time 3DS

There are of course the rare situations where an old game can still be profitable but this wouldn't do anything to harm Ocarina of Time 3ds. Because though it would be easy to get a copy of Ocarina of Time to play, it wouldn't be possible to play it on a 3ds (making it easily portable) or with the new 3d capabilities. Also, even if we did have more public domain titles Nintendo still has to approve any titles published on their system so its not like someone else could put it out on 3ds without Nintendo's permission. It would be available as a ROM to play the original N64 edition. Guess what? Its still pretty easily available now. Do a google search and a ton of sites offering it for download will come up immediately. Some of these sites have been there for YEARS and are among the first google results and are very well known but aren't going anywhere. Why? In large part because the sites are smart enough not to host current generation titles and by and large no one cares that much about piracy of years old games. But if that's the case, why not actually allow it and allow it to be done in the open.

It might even diminish the piracy of current games which is really what loses developers their money. Do people really want to risk going to jail for downloading a game when there are thousands of great games that are 5 years old they can download? Probably not. But the people who are so interested in the games that its claimed they would buy the game if they couldn't pirate it (who absolutely exist though not in the numbers some would claim, its certainly not 50% of those who pirate and probably not even 25%) might just go out and do so.

Not to mention public domain doesn't make it impossible for the original creator to make money off something. The movie His Girl Friday is in the public domain and has a thousand cheap $1 versions out there. It can be downloaded from a # of public domain websites free of charge. Yet the original studio is still able to use the original negative they have to produce a much higher quality special edition that includes special features (interviews, documentaries about the making) that no one else could easily produce. This allows this to be profitable.
 

Dunan

Member
One more thought (which I'm sure has been proposed somewhere along the line): copyright periods should be not a fixed number of years but rather a function of the durability of their media. The idea of an 85-year copyright period for books is at least partially acceptable because you can always go and find the 85-year-old book even if the current copyright holder won't print one for you.

But if the copyright period is four times as long as the media can reasonably be expected to last, then the system virtually guarantees that the work will be lost unless the holder makes specific efforts to make sure it survives. That's not how copyright was ever supposed to work.
 

Fredrik

Member
With this kind of piracy I'm okay, but the writer of that article seems to miss what kind of piracy the publishers are fighting. A publisher doesn't care that you're spreading an ISO of some PS1 game, they care about that day-one released pirated copy of their new game.
Precisely.
 

snap0212

Member
What I wouldn't be fine with is a gazillion historians faffing around over the minute details of it all a century later.
Care to explain why that would be the result of preserving 'things' or why that wouldn't happen if you simply don't actively preserve anything?
 

Bing147

Member
Sort of true... but there are plenty of books that aren't going to be around in 85 years to be honest. Things get damaged and destroyed. I think 85 years is an awful long time for anything. I do agree that the length though should depend to some degree on how long the media will reasonably last. But just because the work could have reasonably survived a time period doesn't mean it will. As someone said, Panzer Dragoon Saga is only 15 years old and dangerously close to extinct. Luckily, that has been backed up to some places
 

Orayn

Member
History needs abandonware, piracy is just a means to that end because not all developers and publishers make their back catalogs available.
 

FireCloud

Member
Lame vailed attempt to justify one's guilt. We're not pirating. We are just preserving this software for posterity.

I'm sure preservation is what everyone who torrents a COD game is thinking as they download the game.
 
What I wouldn't be fine with is a gazillion historians faffing around over the minute details of it all a century later.

You do realize that the historians would still be faffing about the thing, only without the benefit of a large accumulation of data and information to work with? That's kind of what historians do.

Lame vailed attempt to justify one's guilt. We're not pirating. We are just preserving this software for posterity.

I'm sure preservation is what everyone who torrents a COD game is thinking as they download the game.

Inadvertent helping is still helping.
 

Neo C.

Member
As a justification for piracy, it is a rubbish argument. If a future historian wants to research ancient video games do you think he is going to turn up at your great-grandchild's house and ask if they have any? (EDIT: plus, I bet your great-grandchild threw them all out last time they moved house.) Besides, I can think of nothing worse than a whole generation or two of - probably publically funded - historians spending their time playing old videogames. Even worse, they'd probably make study of it compulsory in schools and turn children off gaming for life. And history.

He has better arguments later on in the article, there's no reason to not set up a law requiring the deposit of copyrighted software in copyright libraries (in a non-DRM platform-neutral form) - after all, we've had pretty much the same thing with copyright libraries for books for ages.

History is selective: historians depend for their living on data being missing, unreliable, obscure, speculative. If everything was known and everything preserved historians would be out of business and we'd just have a whole load of archivists. That's no fun at all.

Besides, if it is mandatory to preserve stuff for future historians, we'd better all start recording what we had for breakfast every day, because HISTORY NEEDS IT.
You might have a historian as a friend, but you are certainly not a historian. We don't need data being missing to have a "job", our job is to analyze the material we have. And the more data is preserved, the better. Yes, even your breakfast habits!

During my whole study I've never heard of a professor who complains to have too much data, it's always "not enough" to prove this or that.
 

LiquidMetal14

hide your water-based mammals
The thing about the gaming part of this discussion is that most games from the near beginning of time are accesible to this date. So if someone wants to back them up by whatever piece of technology allows it, I would not be against it. I see no reason why we wouldn't have a high percentage of games available in DD form at this point anyways.

I know there are some things from the near beginnings of computers in the mid 1900's but that stuff is mere experimental. Not that it wouldn't be amazing to try some early form of what someone would classify as a game back in that time but that's deviating slightly.

phisheep makes some good points. How much do these really matter? You may be talking about something just for the sake of conserving things but my point on why most of these games being available via DD should semi invalidate the fear at this point.

I'm not saying we should be able to pirate every game day 1 (as if that doesn't happen anyways lol) but with newer games, I agree less on piracy. I do understand the BS DRM cracks which let you play Ubi games offline. That's something that I know many (well 4-5) people have done. But when games are this new, unless it's a company that is not so strict with DRM free releases, we should not really need to pirate.

If anything, there should be more demos. Someone mentioned a week or two ago that games used to have more demos (at least on PC). I do remember that almost every game I wanted had one. Now with the DD age in full swing, we are seeing them but in comparison to the amount of releases overall, the percentage seems down.

In short, you win some, you lose some.
 
I hate to throw a huge wrench into this "piracy is good!" thread, but the Digital Millennium Copyright Act makes it legal for nonprofit libraries and archive institutions to make digital copies. So no, piracy is not needed to preserve games for history, if you really are interested in preserving games for history rather than just coming up with an excuse to pirate games, feel free to form your own not-for-profit foundation for the preservation of video games.

And as for the "if it's 10 years old it hurts nobody, they aren't interested in making money off it" argument, how do you explain Nintendo's Virtual Console or G.O.G? Realize that without piracy both would have been far more profitable.
 

obonicus

Member
History needs abandonware, piracy is just a means to that end because not all developers and publishers make their back catalogs available.

Well, what establishes abandonware? Can a game stop being abandonware? I mean, gog's whole business model is getting these games' licenses and selling them again. They recently put up Ultima 1+2+3 up, and the first is a 31 year-old game.
 

Bing147

Member
How is that even possible??

Combine an extremely small run at the end of the life of a under performing system with a medium that breaks easily (and a game which had 4 discs, with even one breaking making the whole incomplete) and a publisher that has apparently lost the source code.
 

Bing147

Member
Well, what establishes abandonware? Can a game stop being abandonware? I mean, gog's whole business model is getting these games' licenses and selling them again. They recently put up Ultima 1+2+3 up, and the first is a 31 year-old game.

Good Old Games still has a point regardless of piracy, many of these old games don't run correctly on modern systems. They correct this. That's extremely valuable. How many people still have a 20 year old PC sitting around? Maybe a few but not many.
 

Des0lar

will learn eventually
Lame vailed attempt to justify one's guilt. We're not pirating. We are just preserving this software for posterity.

I'm sure preservation is what everyone who torrents a COD game is thinking as they download the game.

I think you missed the point
 

LiquidMetal14

hide your water-based mammals
I hate to throw a huge wrench into this "piracy is good!" thread, but the Digital Millennium Copyright Act makes it legal for nonprofit libraries and archive institutions to make digital copies. So no, piracy is not needed to preserve games for history, if you really are interested in preserving games for history rather than just coming up with an excuse to pirate games, feel free to form your own not-for-profit foundation for the preservation of video games.

And as for the "if it's 10 years old it hurts nobody, they aren't interested in making money off it" argument, how do you explain Nintendo's Virtual Console or G.O.G? Realize that without piracy both would have been far more profitable.

That's kind of what I was touching upon. It's not like there aren't people doing this just for preservation. Even with rarer stuff like unreleased Dreamcast games, there have been a few that have come to fruition. I would hope that the folks with some rare SW or cancelled games would have the mind set to somehow back it up before their dog chews it up or they put it in the toaster on accident.
 

Bing147

Member
I hate to throw a huge wrench into this "piracy is good!" thread, but the Digital Millennium Copyright Act makes it legal for nonprofit libraries and archive institutions to make digital copies. So no, piracy is not needed to preserve games for history, if you really are interested in preserving games for history rather than just coming up with an excuse to pirate games, feel free to form your own not-for-profit foundation for the preservation of video games.

And as for the "if it's 10 years old it hurts nobody, they aren't interested in making money off it" argument, how do you explain Nintendo's Virtual Console or G.O.G? Realize that without piracy both would have been far more profitable.

The point isn't just to have it available in a library somewhere. The point is that even 30 years from now those who want to should have access to it to enrich themselves. That was the original point of copyright laws. Even if we did have a library somewhere making these digital copies (which frankly, would be very hard to get funding for in this economy) that wouldn't entirely solve the problem.
 
This reminds me of the early networking efforts like SEGA channel (which hosted the occasional US version of a game that never made it to retail) and Satellaview (which had a whole load of interesting content). The SEGA channel US games are usually just minor modifications to the header so not of much historical interest or lost now.

Anyway back to Satellaview, in the 90s ROM dumps were made of some of the broadcasts but its only a partial picture (for instance the second quest of BS Zelda was lost for over a decade until someone stumbled upon a dump of I think week 3 from it), even today people are buying random Satellaview memory cards and dumping them in the hope they find a new undiscovered game or demo.

Companies have lost the source code to entire games before. Like Capcom losing the five GB Mega Man games.

I am shocked that these companies lose the sourcecodes for their games.. I mean, what the hell, it's like

Ludwig van Beethoven: " Well, yesterday I had the final and only version of my 9th symphony here on the piano but I can't find it, the maid probably put it on the trash, oh well.."
>_<
Lost source code. It comes down to storage and costs. The project is done, if you put them on the hard drive or the tape drive you've got no space to work on current projects and it was seen as too costly to just buy another hard drive.

Of course given how much storage costs these days its going to become less likely. There was also an attitude thing of "my work here is done". Take the Okami port to Wii. Ready at Dawn didn't get the computers or fiels from Clover until quite a bit into the project. I can't remember if it was down to Capcom Japan being uncooperative or what.

I'll also point at Chocobo's Dungeon 1 for the PS1. Translator works on it and decides to compile source code. Runs into errors due to missing file. Asks for the missing files (presumably from Chunsoft?) and its "can't do, we deleted them all".

Link's Awakening DX has a load of space at the end of the ROM (the EEPROM was used as RAM* leaving source code behind) which suggests they reverse engineered the B&W LA which might have been due to lost source code.
*-A trick that was done in the 90s to save buying more RAM.
 
I was wondering the people that claim piracy is needed for the greater good of society or its not hurting anyone or I wouldn`t have bought it anyway. How far should that line of thinking go?

If I develop a game at home but never share it with anyone say its just for me does society have the right break into my computer and copy the game for the greater good?
How about if I create something and decide to only share it with 10 of my closes friends, does it now have to be forcefully archived against my will?
 

Des0lar

will learn eventually
I hate to throw a huge wrench into this "piracy is good!" thread, but the Digital Millennium Copyright Act makes it legal for nonprofit libraries and archive institutions to make digital copies. So no, piracy is not needed to preserve games for history, if you really are interested in preserving games for history rather than just coming up with an excuse to pirate games, feel free to form your own not-for-profit foundation for the preservation of video games.

And as for the "if it's 10 years old it hurts nobody, they aren't interested in making money off it" argument, how do you explain Nintendo's Virtual Console or G.O.G? Realize that without piracy both would have been far more profitable.

Problem is, libraries don't make ROMs of games afaik, so any copy of an old game on floppy will still be lost, if it isn't digitalised and remodded to work on current hardware. Also games with online activation and the likes which need cracks to run properly... Do these libraries have DRM free versions of everything? I am genuinly curious.


I was wondering the people that claim piracy is needed for the greater good of society or its not hurting anyone or I wouldn`t have bought it anyway. How far should that line of thinking go?

If I develop a game at home but never share it with anyone say its just for me does society have the right break into my computer and copy the game for the greater good?
How about if I create something and decide to only share it with 10 of my closes friends, does it now have to be forcefully archived against my will?

You never ditributed your product openly, did you? So no one will force you to archive it. Once you put your game on your homepage or in some indie bundle, yes then there is reason to archive it since a lot of people might have played it.
 
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