Quick question about legality

[Slon]

I was wondering, if you purchase a game, but then download the full image for that game (for emulation purposes because mini-image didn't work and you don't have a burner, for example), is that still illegal or is it only illegal if you haven't purchased the game?

[Luciel]

I think it would be legal as theoretically, it's just a backup for your own.

[Grumpy]

Hmmm, I tend to disagree.
It is a technicality but you are entitled to create a backup of 'your own' game discs. If you download it then it would not technically be a backup of your own disc, it would be a backup of someone elses disc! Like I said it is a technicality.

Plus I dont think downloading games should be encouraged, it is better to learn how to do your own backups, even if this requires you to purchase the right hardware to do so. (meaning having the correct burner).

If you start the habit of downloading games then it could be very easy to fall into bad practices.

Thats just my interpretation of the laws etc.

[Slon]

Originally Posted by Grumpy

Hmmm, I tend to disagree.
It is a technicality but you are entitled to create a backup of 'your own' game discs. If you download it then it would not technically be a backup of your own disc, it would be a backup of someone elses disc! Like I said it is a technicality.

Plus I dont think downloading games should be encouraged, it is better to learn how to do your own backups, even if this requires you to purchase the right hardware to do so. (meaning having the correct burner).

If you start the habit of downloading games then it could be very easy to fall into bad practices.

Thats just my interpretation of the laws etc.

What about miniimages and fixed exes? Those are all legal, right?

Also, do you guys think companies should just do away with copy protection? CD-Key is already a simple and impenetrable protection from playing downloaded games online. CD protections, on the other hand, can either be cracked or are too intrusive/vulnerable to failing on legal copies (see StarForce).

[kyee7k]

Originally Posted by Grumpy

Hmmm, I tend to disagree.
It is a technicality but you are entitled to create a backup of 'your own' game discs. If you download it then it would not technically be a backup of your own disc, it would be a backup of someone elses disc! Like I said it is a technicality.

Plus I dont think downloading games should be encouraged, it is better to learn how to do your own backups, even if this requires you to purchase the right hardware to do so. (meaning having the correct burner).

If you start the habit of downloading games then it could be very easy to fall into bad practices.

Thats just my interpretation of the laws etc.

unless it's an official download from the company or reseller like newegg or direct2drive.

[Grumpy]

@kyee7k

unless it's an official download from the company or reseller like newegg or direct2drive.

Yes of course, but that is obvious!

@Slon

What about miniimages and fixed exes? Those are all legal, right?

Mini Images and fixed exe's are not the same as downloading a full version of someone else's game.
But it could be argued both ways if it is legal or not.

The original question here was:
"is it legal to download a copy of a game, to use as a backup, if you own an original version of it?"

I think the logical way to answer this question is to ask yourselves,
"Is it legal to copy your own game and then put it online for everyone else to download for free?"
Now the answer is obvious isnt it?

[Slon]

Originally Posted by Grumpy

@kyee7k

Yes of course, but that is obvious!

@Slon

Mini Images and fixed exe's are not the same as downloading a full version of someone else's game.
But it could be argued both ways if it is legal or not.

The original question here was:
"is it legal to download a copy of a game, to use as a backup, if you own an original version of it?"

I think the logical way to answer this question is to ask yourselves,
"Is it legal to copy your own game and then put it online for everyone else to download for free?"
Now the answer is obvious isnt it?

No, but last I read, dealing drugs provided a much more serious amount of jailtime than buying them.

[Karasu_the_Black_Cat]

Legally, you are entitled to own a virtual copy of any software you own in the real world. Whether or not the copy has to be made directly from your own software isn't stated. Which was my case to Napster a few years back. I was allowed to download those Metallica MP3's, because I already owned the CD's...

Hope I helped a small amount....

[Grumpy]

@Slon

dealing drugs provided a much more serious amount of jailtime than buying them.

Ok, lets just change a few word in your sentence, cause we are not talking about drugs here.
"Supplying games provides a much more serious amount of jailtime than downloading them."
Now lets break that sentence down.
Supplying games will bring you jailtime! Therefore it must be illegal.
Downloading games will 'possibly' also get you jailtime, but not as much jailtime as supplying them!
So if you are going to get jailtime, (but I believe at worst you will only get a large fine for downloading though), then it must be looked as illegal to do!
And that of course is regardless of if you do own the originals.
Now does that sound logical?

[EMPiRE]

You all forget that it totally depends in which country you are

In the US you fall under the DMCA which prohibits any bypassing of a protection, downloading an image and using it can be intrepid as "bypassing" a protection (it does not matter if you own the software)... strictly seen you are allowed to use it (as they want you to use it) and anything else is/could be illegal!

In Europe there are already a few countries which have passed similar DMCA ruling (EUCD and such) which say the same as the DMCA. In some countries you are not allowed to make a backup of software (=games), not even for personal backup use, so downloading/using an image is/could be illegal...

There are so many different laws that in the end you are not allowed to do anything in most countries and it will get worse in the next few years.

So the worst country to be in now is the US, just look at the MPAA/RIAA sueing US citizens over filesharing

In the near future dealing drugs or even raping someone will give you a lower sentence than violating copyright laws

Big brother is watching you...

[Grumpy]

I had meant to add it does depend on your location.
But the 'majority' of locations does prohibit downloading of games and or software.

[DABhand]

Some ISP's monitor P2P usage by their customers, also Newsgroups, XDCC on IRC, etc. If they feel your always on one of those they will ban your account with them.

Others have a download limit and upload limit per month/day, this is to counteract any P2P sharing.


In countries like Estonia I believe its a serious offense to download any warez or mp3's and its a serious Jail Sentence.


It just depends on your country I suppose.

[Grumpy]

Others have a download limit and upload limit per month/day,

Yes most (if not all) isp's in Australia have download and upload limits on thier broadband accounts.
Dialup does not usually have limits but then the speeds are just not there!

[mupet0000]

If i own a game but i need an image of it as well for mounting or w/e you wanted it for, i would simply put the disc in the drive and dump it to an iso format.

You dont NEED to download it if you own the cd's/dvd.

[Joe Forster/STA]

If you're a pro, having the necessary tools (image reader/burner, protection injector/defeater, EXE decryptor/unpacker etc.) and knowledge (how to use these properly), yes, you can create a working backup of your originals. However, most people who come here lack either or both, thus they can download the mini/medi/maxi images, made by those pros.