Downloading pirated, no longer sold video games a sin?

[Christianus_Dei]

This is related to someone else’s question.

Is it a sin to download games that are longer in circulation? Such as ones that are not being made or sold any longer, where even buying a copy would end in no money being put into the original seller’s hands. I won’t download things like Majora’s Mask, because it’s being sold by Nintendo via Wii shop, but what about games like Earthbound, which are not likely to ever be sold again?

I downloaded Majora’s Mask once, but the file disapeared. Then I found that it was sold through the Wii, and I didn’t download it again. But there are brilliant games like Earthbound and Mother 3, one of which never even to made it to America, and are no longer made or sold in any country. Is it a sin to download these games?

 

[Warandpeace]

Is the copywrite still out on these games? If so, then yes.

 

[ProdglArchitect]

Is the copywrite still out on these games? If so, then yes.

If he’s exhausted all other options, then I wouldn’t say it is, even if copyright is still in affect. If he’s done his due diligence, and is still completely unable to locate a copy, then that is a failure on the part of the distributor; and if they are no longer selling the game, they are not losing any money, so stealing wouldn’t apply.

Note, ‘other options’ also includes ebay and similar sites. Have you checked vintage stock, or similar companies? They specialize in selling older games, you might check your area for one.

 

[Paul1Up]

This link has a good answer:
forums.catholic-questions.org/showthread.php?t=2471
Here’s Nintendo’s specific stances on this topic:
nintendo.com/corp/legal.jsp#download_rom
From a business standpoint, I disagree with their decisions, but they make the rules. What I would do is write an e-mail to a relevant Nintendo division and ask them about re-releasing certain titles. In the past couple months I’ve been writing to lots of companies about these kinds of things (specifically re-releasing older titles) and I was surprised that many not only considered it, but some (Sega for instance) are re-releasing them!

 

[ConstantineTG]

There is such a thing as abandonware, where the copyright is still valid but the company either formally dropped the franchise, or the company who owns the copyright has folded and has not sold the copyright to anyone else.

Thing is, if someone else picks up the copyright for such software, then you are obligated by law to delete your copy.

 

[DaveBj]

I don’t know the law on this, so this is just my ignorant opinion, but I think that when the producers of a product are no longer producing and selling it, then all bets are off.

I had a similar experience, with the Arabic-language version of Microsoft Word. M$ had quit making it in the late '90s, and the other Arabic word processor I was using had crashed irreparably, so on one of my trips to Damascus I went to a local vendor. He told me to come back that afternoon, and when I did, he gave me a stack of 3.5" floppies – a pirated copy. I used it, inbeit infrequently, with no qualms of conscience. If M$ wasn’t going to supply or support a product that they used to make, and that I needed, why not get it from a source that could supply it?

(FWIW, I didn’t like it. I couldn’t reprogram the keyboard to match the pattern that was used to type Arabic.)

“RED ALERT! RAISE SHIELDS!”

 

[Warandpeace]

If he’s exhausted all other options, then I wouldn’t say it is, even if copyright is still in affect. If he’s done his due diligence, and is still completely unable to locate a copy, then that is a failure on the part of the distributor; and if they are no longer selling the game, they are not losing any money, so stealing wouldn’t apply.

Note, ‘other options’ also includes ebay and similar sites. Have you checked vintage stock, or similar companies? They specialize in selling older games, you might check your area for one.

Ok, maybe it’s not a sin? But is it honorable? Not really.

 

[ProdglArchitect]

Ok, maybe it’s not a sin? But is it honorable? Not really.

What’s dishonorable about downloading a title you cannot find through any other conceivable method, even though your initial intentions were to find and purchase it through legitimate needs?

 

[DaveBj]

What’s dishonorable about downloading a title you cannot find through any other conceivable method, even though your initial intentions were to find and purchase it through legitimate needs?

Beat me to it; my thoughts exactly.

 

[Warandpeace]

What’s dishonorable about downloading a title you cannot find through any other conceivable method, even though your initial intentions were to find and purchase it through legitimate needs?

Because it is for entertainment, which is primarily for rest. Purchasable video games and such are easily found. If it was necessary for work, school, or something similar that is different.

 

[Aeden]

If you’re looking for out-of-circulation games and movies, check amazon and e-bay. I find copies of old games and stuff on there all the time, and pretty cheap, too. That way, by the first sale doctrine, it’s totally legal.

 

[edwest2]

Downloading anything that has been stolen/pirated is always wrong

I am amazed whenever someone writes anything about the law when it’s obvious they don’t know the law and don’t appear to be in a hurry to get the real answer. Instead, people sometimes only want the answer they want to hear.

Why not contact the US Copyright Office for games produced by American companies? They don’t bite - we’ve spoken with them

copyright.gov/help/faq/faq-duration.html#duration

There’s a phone number there. Get the right answer. If it was made in a foreign country, they are likely to know who to contact there.

Peace,
Ed

 

[1ke]

What’s dishonorable about downloading a title you cannot find through any other conceivable method, even though your initial intentions were to find and purchase it through legitimate needs?

It is stealing.

The copyright owner is the owner and if they choose not to no longer sell it, then you are not entitled to steal it.