Software Agreements & Sin

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Pray4Life

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I was wondering whether it is a sin to modify software in any way if the user agreement forbids it (and if it is, how serious a sin would it be, venial or mortal?)

Here are the details of the situation that brought up this question: I own a computer game which has a couple of annoying bugs which the official patches do not address. These bugs cut off a bit of content which would otherwise be available (i.e. I do not think it is “unused material” left behind by game developers).

There are a couple of scripts available on the internet that will correct these bugs. In one case, it is simply a matter of changing one number! One! But even changing that one number would technically be a violation of the user agreement and therefore be illegal, since it would be “modifying” the original file.

To me, this seems absolutely ridiculous. I OWN the game. It is my property. I am not renting it, or still making payments on it, I PURCHASED it and therefore, I think I have the right to play it, all of it. It is my property and unless it infringes on the creator’s rights, I think that common sense says that I can do whatever the heck I want with it.

If we were talking about anything else, I could do whatever I wanted to it, legally. I could buy a book and burn it, I could “modify” a chair by taking off a leg or adding an extra one. I do not believe it harms the rights of the game developer, steals from them, or otherwise damages them if I modify my own personal copy of a game. If I copied it, distributed it, etc. THAT would infringe on their rights, but adding a script that changes ONE number in a game file, to correct an error that THEY made and evidently do not deem important enough to fix? I think that is within my rights. I can’t see how that could be sinful, unless it is sinful to fail to abide by an agreement that demands what I don’t think can possibly, reasonably be just.

Another example of ridiculous demands in these agreements is games that prohibit “transferring ownership” of them to anyone else. My understanding is that technically, I could not legally purchase such a game and then give it a friend when I’m done playing it, even if I was giving her the only copy of it in my possession. I don’t believe this demand is legal, and so would not be sinful even if I violated the agreement by doing so. Of course, I am not a lawyer, so I could be wrong. (Well worth bolding, I think. I am not trying to lead anyone down the moral and legal slippery slope of giving away their computer games :p)

Anyway, would violating an agreement on a point such as this be a sin, even though I am not sure this kind of demand is just? Would doing so in such a small matter be a mortal sin (I am scrupulous and have difficulty sometimes judging “grave matter.”)

MY common sense says that the only thing that could be wrong with this would be going against an agreement, but I can’t help but wonder how binding such an agreement is if it is so obviously contrary to something I would think would be a natural, God-given right: to choose how to use one’s own property (provided, again, that it does not infringe on others- and I do not think this particular demand is rightfully theirs to make in the first place.)

Please set me straight on this because it is really grinding my gears and I want to approach this from a position of reason and good Catholic morality.
 
The greater sin is spending a significant amount of God given time on a computer game 😉
 
…snip…
To me, this seems absolutely ridiculous. I OWN the game. It is my property. I am not renting it, or still making payments on it, I PURCHASED it and therefore, I think I have the right to play it, all of it. It is my property and unless it infringes on the creator’s rights, I think that common sense says that I can do whatever the heck I want with it.

…snip…
This is where you are completely wrong, you do not OWN the game, you own a licence to use the software. That is what you buy a licence and you are to abide by the license you buy.

Now if you are talking about writing a patch to fix the program to work on your computer I don’t see anything wrong with that. However you can’t turn around and sell that to anyone else.

Also have you tried contacting the software manufacture and see if they can help, let them know what you have and get special permission from them?

If the license you bought says you can’t and you do, yes that in a form would be a sin.
 
This is where you are completely wrong, you do not OWN the game, you own a licence to use the software. That is what you buy a licence and you are to abide by the license you buy.

Now if you are talking about writing a patch to fix the program to work on your computer I don’t see anything wrong with that. However you can’t turn around and sell that to anyone else.

Also have you tried contacting the software manufacture and see if they can help, let them know what you have and get special permission from them?

If the license you bought says you can’t and you do, yes that in a form would be a sin.
You are correct, in most normal cases…

However, software tends to be a bit different. Sometimes, you are presented with a contract or liscense after you have purchased, opened and are about to install said game. I know a lot of retailers will not (or at least give you a hard time) if you try to return opened software, even though you do not agree to the EULA.

Lastly, part of the problem with closed source software is they may be unwilling to provide support, especially after a certain date. This does not mean that the software is bad or unusable, but it does mean work arounds may have to be found.

While one ought to follow the agreement, the seller does not make it easy sometimes.
 
Danny OC: Temperance is a virtue. 👍
This is where you are completely wrong, you do not OWN the game, you own a licence to use the software.
Well, darn. Just shoot down my whole rant in one sentence. Don’t even beat around the bush to spare my ego. 😛

Seriously, though, thank you for bringing that to my attention. You see, when I bought the game, it was my honest understanding that I was buying the game, not simply permission to use the game.

As far as writing a patch (as long as I don’t sell it), legally, if I follow the license, I can’t do that. I am not sure where the actual writing of the patch falls legally, but I know I could not use it, because patches alter or modify game files to correct the errors in question. Which is against the user agreement and something I find ridiculous.

In my specific case, the software manufacturer was made aware of this bug four years or so ago by someone else (if teh internets are to be trusted 😛 )- this is an older game. They have made multiple patches since then, but none have addressed the errors that are irking me. It remains possible that this will happen in the future, but I’m sure you can judge my degree of optimism on this subject.
(snip) Sometimes, you are presented with a contract or liscense after you have purchased, opened and are about to install said game.
I don’t think I’ve ever seen software (at least, not games- I usually don’t buy the other kind, kind of like people who usually only buy fiction :o ) that states the license on the box or even tries to tell you that you are only purchasing a license. I’m sure I’d probably remember seeing something like that. I think most people probably buy a computer game expecting that they are buying a game, not just a license to use a game.

In my case, the game manual informed me that I could modify their software with the included editor (as the agreement calls it). As far as I know (though admittedly, I’d have to re-install the game to know for sure), the agreement I clicked on during the installation process agreed with that. The company website says in a FAQ about the editor that the end user can alter their (the company’s) original content with the editor.

Then the editor itself, already installed, states in the “about” screen- not even something I have to click on, but something I am expected to be agreeing to if I use it- that I am not permitted to modify their software, no exceptions given (only to make new material with it, not alter the original.)

Since I could use the editor to fix these vexing errors, which is presumably legitimate to do (if I was allowed to modify the original content, that is), can you see why I’m aggravated? I had no way of knowing in advance that I could not use the editor to fix any problems I might have, until I opened the (already installed) editor that I had installed with the understanding that I could use it on their software! Argh!

Anyway, my rant is a moot point if all my money paid for was a license and I don’t even own the game. What a bummer. Can anyone still take me up on my mortal vs. venial question?
 
Yeah, I can see why you are aggrivated.

The Eula is not really binding – they could demand I give them my car in the EULA , but no Judge would back that up for a $30 piece of software… Under the DMCA Law published a few years ago, a provision is made for reverse engineering software for interoperability reasons. Although, the software companies could still take you to court regardless of whether they are right or not (they would loose, and try to use the publicity to scare others…)-- technically what you are describing falls into that area of the DMCA and it is your legal right to modify the software to repair bugs or make it operate under another operating system.
(Although you may not resell anything … and you may not distribute copyrighted code to others… )

There is for example, the long standing method used by IBM and OS/2 which “if you have a legal copy of windows” will chop their software up and use it under OS/2. Since there is no financial damage, there really is no grounds to sue.
Of course Judges do sometimes rule arbitrarily…

As a kind of funny side effect of how the laws came into effect here in the USA – it is not technically legal to back up your “help” files or “documentation” although it IS legal to do so with your executable software… oyveigh!

🙂
 
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