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If I were to use a piece of software that I didn't pay for but is not available where I live, would you consider it piracy? For example, India doesn't have the GameBoy Advance or the Nintendo64 as console gaming isn't all that big here. So what if I play those games using an emulator and ROMs? I am definitely not taking away from the market for those games quite simply because the market doesn't exist. I'll be interested in seeing what you think about this.
Cheers,
cgkanchi
piracy is piracy, you cant change that. regardless of weather or not the market exists doesent have any effect on that
Yeah, just because doesn't exist where you live that doesn't mean that you are not doing something ilegal, just think about this: there are games for some consoles that don't get released in others...if you are emulating that console to play in your pc you are doing sometihng that is ilegal...
The IDSA has a FAQ to answer your questions about ROMs. I was wondering the same thing, and was very surprised at the answers. It may seem a little crazy since some games are not being marketed or sold any longer, but all games (even the Atari 2600 games) are protected under copyright law. To see more, read this: http://www.idsa.com/faq.html
I hope this has helped you.
albn
While it may illegal in the criminal sense, I don't belive it is wrong. He seems to have made some attempt to purchase these games but the market is just not there. So he acheived possesion through the only avaiable means. No if there was some avenue that he did not explore to get these items legally then there would be a problem. So I say enjoy Super Metroid.
albn....you just ruined my day....what am I supposed to do with my C64 emulators and games that I have :D. If I could find a c64 and equipment in good condition, I would cough up the money in a heartbeat, but I haven't run across any, and believe me I've been looking.
Technically, yes it would be considered piracy in my case, but I'm not doing it coz I dont want to pay, I'm doing so for lack of alternatives, as well as for that warm fuzzy feeling I get when I see the boot screen.
So IMHO, it depends on the user's intentions....but I also know that the way to hell is paved with good intentions.
On a side note, a lot of old "abandoned" software can be found here.
oooo commador boot screen... havent seen one of those in ages... although my cousin has one...
maybe ill steal that from him ;)
I understand your pain, and trust me, there are a lot of people who feel the same way as you. I mean the idea of "abandonware" is a gigantic, controversial issue that deserves a serious look. I have seen many sites that deal with this issue:Quote:
albn....you just ruined my day....what am I supposed to do with my C64 emulators and games that I have . If I could find a c64 and equipment in good condition, I would cough up the money in a heartbeat, but I haven't run across any, and believe me I've been looking.
http://gamespot.com/gamespot/features/pc/abandonware/
http://www.mobygames.com/featured_ar...,26/feature,7/
and there is even a petition:
http://abandonware.mivox.com/petition.html
Now the big issue remains... the copyright and the copyright holder. If the holders indeed let these items "go," is there any way to re-license these items under less restrictive terms such as the GPL? I think there is... I mean, these companies are not making any money from them anymore and many hobbists and enthusaiasts LOVE to make emulators, play games and spend every waking hour making these things better for others. That's what hackers like.
However, as much as a good idea as it sounds, it's still up to the copyright holders, and so far, nobody is budging.
albn
I have to agree with the legality vs viability bias many have demonstrated.
It is piracy. At least in America it is, I am not sure how binding the copyrights here are on India therefore it may not even be piracy. However, since a lot of software for America is produced in India I would not be surprised if India supports US copyright laws.
Is it morally wrong is much more difficult to answer. Like Mahakaal said many times copyrights stay in effect long after they are useful. Some of my favorite games were on the old intellivision system. At one time I considered downloading and running an emulator so I could play the ROMS. Intellivision isn't even in business anymore but their copyrights are still in effect. I could stand on my moral high horse and tell you that because of this I did not download and install the emulator. Honestly I did not install it, but the reason was that when I tried it messed up and I figured it just wasn't worth the hassle. So in my opinion if there is no good (read reasonable) legal way to get the software then I don't think it is morally wrong. The other threads that are close to this often mention lack of money and I know I am opening a loophole here for those who want to use pirated software because the can't afford it but that is not my intent or meaning.
Of course when the office of homeland defense breaks down your door and drags you to acomfortable federal prison here in the U.S. (or Guantanamo Bay) please understand that this is not official legal advice as I am not a lawyer :D
Uh oh now I know I'm old I have a 2600 Atari, and C64 and other stuff in the attic and I can make money on them? Having worked for Atari those old games were a blast but as state still under copyright. Then again I can blow out the new wide scree TV with the 2600 RF signal LOL :) Gawd I still got a pong. Fact is the overseas markets have more prited everything. Example wife bought what she thiut were ligit games for a Playstation while home in Asia all of them were priated and would not work on the system, then again the price of a buck should have been a heads up as well as the bad CD case copies. Illigal is just that has nothing to do with market share.
Ah, the good old time. When the games where too hard for me (laughing but true, I was too young and didn't have the vivacity needed by them).
But the question is not related to old games. The games you emulate can potentially make their copyright owners gain money. And that's exactly what they could say in order to put you in jail.
The game companies have a totally different point of view with yours: when you say there is not any market in your country, they will immediately answer that the market development is hindered by piracy.
It's stupid, but it's their logic. And their logic make the laws.
Another place to get "AbandonWare" is from the following site. They claim to have recieved permission for all of the games they have listed on their site for download.
http://www.the-underdogs.org/
Beware it's just that. A claim. I mean all out warez sites put this "disclaimer" on the entrance and think this will save them. It does not. Just for a fair warning!Quote:
Another place to get "AbandonWare" is from the following site. They claim to have recieved permission for all of the games they have listed on their site for download.
albn
Alittlebitnumb: You are right, they changed their policy
"Disclaimer: Home of the Underdogs does not claim rights to any software on the site. To the best of our knowledge, these titles have been discontinued by their publishers. If you know otherwise, please contact us and we will remove them accordingly. Thank you for your attention.
© 1998 - 2002 Home of the Underdogs
Portions are copyrighted by their respective owners. All rights reserved.
Some sites for "Abandon Ware" actually look up some companies and check to see if they either have declared chapter 11 bankruptcy, or if they have wave the right of copyright on the game (check www.classic-trash.com)
But either way, a gaming company will argue that the market is always there due to the internet now. There arguments will include eBay.com and other auction sites, as well as company sales (iD.com) and retailstore online stores (ie: Futureshop.com)
So even if the product is not on a shelf somewhere in your country, the product itself is always readily available (I know this sucks)
But here's an even thougher question: What if the game was never released, never placed on the market, but found itself in the public. Would copying it be illegal then? :) (ie: Thrill Kill)
Most patent attorneys will tell you to "enforce your copyright or loose it". Same with a trademark, if you know someone is closely duplicating it and are in the same general business you are in, and you don't challenge them you will eventually have a harder time with protecting your trademark. Anyway, that's what the legal types will tell you. I suspect that some of what you are talking about (discontinued products, etc) falls into this general category; the copyright owner is reluctant to vacate their rights under the law, even though they may not actively enforce the type of distribution you are talking about, and may even secretly find pleasure in knowing their game still has some fans although not enough to be marketable. Kind of like throwing away all those old RAM boards you don't use anymore; the day you throw them away you will find an old MB you want to rebuild that takes that old RAM. So if the copyright holder of the discontinued game vacates the copyright, and it takes off like a wildfire, they are SOL. Anyway, that's how i see it.
uuuummmm... yea.