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Is it legal to download games that aren't available for purchase?

Discussion in 'Playground' started by Klorox, Apr 20, 2010.

  1. Klorox

    Klorox Baruk Khazad! Khazad ai-mênu! Veteran

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    Old games like Diablo, or the old Bard's Tale games, for instance.

    If it is, can anybody point me in the right direction? If it's not, please delete this thread mods. :D
     
  2. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    It is illegal unless the copyright holder has put it in the public domain. Now whether the copyright holder will enforce their rights is another matter...
     
  3. 8people

    8people 8 is just another way of looking at infinite ★ SPS Account Holder Adored Veteran

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    [​IMG] There are some sites dedicated to Shareware, Freeware and Abandonware. Wiki has a few links in each relevant article plus googling can come up with some nice results. Usually a good idea to check out T&Cs and whether the game is still supported on the websites of the companies involved in production - generally if the game is still claimed by a company on their current portfolio of supported software - it's illegal to claim it for free.
     
  4. Rawgrim Gems: 21/31
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    Abandonia.com is a good site. All of the games featured there, thats available for download, are all legal. I do belive the Bard`s Tale games are legal, but not Diablo. Diablo I actually bought 2 weeks ago at a store, so its illegal to download.
     
  5. Erod Gems: 14/31
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    Abandonware usually does not include software released in the public domain. So downloading them is still considered copyright infringement no matter how you try to twist your way around it. This includes Abandonia too.

    A good place to get some older games is Good Old Games aka gog.com. I think you can even support SP if you create an account there using the link provided somewhere on this site.
     
  6. Blades of Vanatar

    Blades of Vanatar Vanatar will rise again Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I download tons of shareware and abandonware games. Love the old school stuff. As Rawgrim shows, Diablo is not shareware. Bard's Tale series is, as are many Ultima games, M&M games, SSI AD&D games, etc... Just start searching for Abandonware or free PC game downloads and you will get tons of hits. Abandonia is great as is for downloads and there are a ton of other sites as well. I also like http://www.replacementdocs.com/news.php for obtaining manuals.
     
  7. 8people

    8people 8 is just another way of looking at infinite ★ SPS Account Holder Adored Veteran

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    [​IMG] Abandonware, by definition, is software where the copyright is no longer defended and the company no longer supports further sale of the product - it is considered abandoned and as such released from a lot of legal ownership protections - the original company can reclaim abandonware under a few options (such as another company attempting to sell it on) but cannot claim piracy if it's downloaded freely after being abandoned.
     
  8. Erod Gems: 14/31
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    No longer actively defending a copyright does not mean that it is not under copyright anymore...
     
  9. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    There is no legal concept of abandonware in copyright law and as such any explanation or justification used for it is equally good (or bad). It wouldn't hold up in court in any event. No company is under any obligation to indefinitely offer a product for sale. If it doesn't, nobody gains the legal right to reproduce it (not until the copyright expires, which is 70-120 years). The only legal option is to draw from the pool of copies already out there that have been sold legally, so Amazon Marketplace, eBay, second-hand stores, etc. I have no idea where you heard the information that you posted in the second half of your sentence, but to my knowledge, it is completely false.

    Edit: I re-checked just in case: link1, link2

    GOG is one of the best examples against assuming that every game you can't buy right now is abandonware. Dozens of games that they now legally offer for sale haven't been on the market for a long time - but that doesn't mean that the copyright holders' claim on the IP has diminished in any way. Every game that isn't available for sale today could wind up on GOG tomorrow - legally. GOG finds the copyright holders, signs a contract with them and then sells the game(s) legally.

    There are very few games that their copyright holders have actually released into the realm of freeware, which legally allows anyone to copy and redistribute them. To my knowledge, none of the games that Blades mentioned, with the exception of Ultima 0, are actually freeware.
     
  10. Blades of Vanatar

    Blades of Vanatar Vanatar will rise again Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    From your links there Tal It shows some of the AD&D SSI games are freeware. Specifically both Dark Sun games, Shattered Lands and Wake of the Ravager. Though the rest are not. Nice little education there about freeware/shareware/abandonware on those wiki links.

    So here is a question for you then. If I download say, SSI game Champions of Krynn, is that technically illegal?
     
  11. Ziad

    Ziad I speak in rebuses Veteran

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    Blades, I wouldn't trust Wikipedia to be an official source of what was released as freeware. I am almost 100% sure that neither Dark Sun game was ever made freeware by SSI, or by whoever acquired SSI later on. Notice that the article claims the "freeware" version is available on the website of an unofficial remake of DS Online - not quite what I'd call an official source ;)

    To answer your question, yes, downloading any game that wasn't specifically released as freeware by the copyright holder is illegal. The entire concept of Abandonware is, on a purely technical scale, illegal. It's just that, for old games, most companies don't bother with it and when a game does end up on GOG most big abandonware sites seem to immediately take it off (I know at least Abandonia does), so it seems to work for the benefit of both parties (Abandonia get to keep Abandonware games alive and the CP holders get to have their share of the sales when the game is up on GOG).
     
  12. Klorox

    Klorox Baruk Khazad! Khazad ai-mênu! Veteran

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    Thanks, I'll check this out.

    I wish somebody near me had Diablo for sale. I loves me some mindless Hackin' and slashin' :D
     
  13. Aldeth the Foppish Idiot

    Aldeth the Foppish Idiot Armed with My Mallet O' Thinking Veteran

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    I'm sure Diablo II is still available for purchase (and sometimes you can buy the battle chest that has both Diablo I, II, and both expansions for like $40), and Diablo II is just as much hack and slash as the original. In fact, I'd say it's better. The original Diablo had a grid system set up for player and monster movement, which meant you couldn't travel diagonally in a straight line. If you attempted to attack a monster on the top right portion of the screen, you'd click on him, and your character would move a grid square, then right a grid square, and repeat that process until you reached the monster. The grid system also made targeting a monster with spells difficult, because you're spell would travel in a straight line directly at the monster, but if the monster was moving diagonally towards you, the spell would miss half the time, due to the over-up-over-up nature of the walk.
     
  14. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    [​IMG] The Diablo Battle Chest only includes Diablo 2 + expansion, but it's easily available for purchase, e.g. via Amazon.

    Still, the original Diablo is available for sale via Amazon as well. A couple of sellers are offering it new for 16 bucks.
     
  15. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    Weird - when I bought the Diablo Battle Chest a few years ago, it included Diablo I, which I have somewhere and have never used.
     
  16. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    My bad, apparently it includes the original Diablo as well, it's just not obvious from the box shot...
     
  17. Klorox

    Klorox Baruk Khazad! Khazad ai-mênu! Veteran

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    I have the battle chest, but i lost the DI disc. :(
     
  18. Drew

    Drew Arrogant, contemptible, and obnoxious Adored Veteran

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    Do you still have the CD key? If you do, I think you'd be well within your rights to burn yourself a backup. After all, the CD key, not the disc itself, proves that you have a legal copy as far as Blizzard is concerned.
     
  19. Balle Gems: 19/31
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    blizzard has made a download option on their website for any games you have cd-keys to
     
  20. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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