Copyright and the Internet?

[magicyte]

Okay: so I wanted to get this game I haven't played in year or so. Thing is, it isn't available anywhere except for online (AMAZON.COM). I don't want to buy it, so I thought of downloading it. I haven't downloaded it YET- but if it is LEGAL to download, I will. My main question is: is downloading THIS illegal, or is it legal (according to the U.S. law)? Ya know, I've a feeling it isn't legal, but just asking...

-magicyte

[Nile]

"Download this torrent!"

From that... I don't think it's legal.

[magicyte]

K. Thanks 4 the input, though I could use more. I won't download it.

-magicyte

[techietim]

Good luck downloading it with 0 seeds

[Twey]

I believe it is actually legal if you've previously purchased the software. There's nothing illegal about obtaining the software, just distributing it and/or using it under circumstances not permitted by the license, which, if you've previously bought it, doesn't apply. #include <disclaimer.h>

[djr33]

The issue is licensing, in using it. You can copy your software as well, if you are only using it for backup purposes. Torrents, however, are illegal in that they are distributing the information, though you could argue it if you just were using it to get a copy of what your broken CD had contained and you needed it again, and you had your legitimate license for it.
So, if you want to do it legally using the torrent, you could download it and purchase a license separately, but that of course is unlikely, so you might as well just get the discs. (And there are issues with illegality and torrents for distributional reasons anyway, as I said above.)

For a lot of software, you can just download a free trial version then put in a real serial number and it'll register it for you, after paying on their site, and that is the free software. So, a trial IS the full software, just what you'd get on a disc, but you don't own a full version without purchasing it from them, like you would a disc.

Also, with torrents, there may or may not be some sort of crack/serial in the zip/bundle, so you might be downloading something illegal there, though I suppose that might not be illegal to have, only to use.... odd issues, but overall illegal.

[Twey]

Torrents, however, are illegal in that they are distributing the information, though you could argue it if you just were using it to get a copy of what your broken CD had contained and you needed it again, and you had your legitimate license for it.

Yes, the people sharing the data are breaking copyright law by redistributing the software, so for it to be legal you would have to disable sharing what you downloaded. I don't think that the torrent itself is illegal to distribute under copyright law, though, since it contains no copyrighted data — the Pirate Bay argued this in a Swedish court and won it. It might be illegal under the DMCA.

you could argue it if you just were using it to get a copy of what your broken CD had contained and you needed it again, and you had your legitimate license for it.
So, if you want to do it legally using the torrent, you could download it and purchase a license separately, but that of course is unlikely, so you might as well just get the discs.

This is magicyte's situation, as I understand it.

[djr33]

Distributing torrents is not illegal; making them is, and using them is. Thus a site that just shares torrents is legal enough, but its behavior is questionable in that it's like a directly for drug dealers: dealing the drugs is illegal, using them is illegal, but just telling you where to get them isn't... but the law may get complex in this sort of situation.


Well, if magicyte has a serial from when he played before (unless that was with a friend, whose software they were using), downloading a torrent just to get the installer back seems reasonable to me, but it won't do much good if he needs to purchase a new license anyway, which is likely shipped with a CD, unless the company offers them directly, but that's unlikely.

[magicyte]

Well, if magicyte has a serial from when he played before (unless that was with a friend, whose software they were using), downloading a torrent just to get the installer back seems reasonable to me, but it won't do much good if he needs to purchase a new license anyway, which is likely shipped with a CD, unless the company offers them directly, but that's unlikely.

Alright. I already have a license for it since I played it on the disk(s) bought by my dad. But I lost those cds, and they got scratched up. Then, hahem, I went to my friend's dad and asked him if he could copy some of HIS cds and let me use 'em (thought it was legal cuz I already had a copy (I paid for one- license, serial, everything) and wasn't going to distribute it to anyone or something). Well, where would the serial number be? On the disk case, or on the disk? I have the disk case in hand. Heh, I guess that the location of the serial number would differ..... Any comments/suggestions?

-magicyte

[Twey]

If you bought the software legitimately originally, you should be able to call them up and explain that you lost the case and would like another serial number. You can also probably find serials and keygens online, although beware of malware in the latter software (legality questionable, as with the downloading).

Distributing torrents is not illegal; making them is, and using them is.

As I understand it, making them is also perfectly legal under copyright law. Under the DMCA, creation and distribution are, of course, both illegal.

I am personally of the opinion that a legal system in which a person can honestly break a law by mistake is ridiculous and clearly overwrought. It could do with breaking down and restructuring from simple principles — the whole thing has got out of hand, both in America and in other countries.