Hacking A legality/ethics question and discussion about disc/download games

ShadowSoldier

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Yes, it's illegal and considered piracy, even if you have the game already.

If you rip a game properly that's you making a backup copy of your disc, and you can know it's done properly.
On the other hand, downloading one from the internet is transferring a copy, which is not allowed, and anyways you don't know if it's been modified or not without hash checks.

Really? I thought in North America, if you own the game already, you can download a digital version off the internet for free, but that just means the physical copy can't be used until you delete the digital version. At least that's how it is in canada. If I own the physical, I can download the digital without any trouble coming my way at all.
 

Plunt

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^that is assuming the digital copy you are downloading is the same version/build as the physical you own

edit: in canada at least
 

Rydian

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Really? I thought in North America, if you own the game already, you can download a digital version off the internet for free, but that just means the physical copy can't be used until you delete the digital version. At least that's how it is in canada. If I own the physical, I can download the digital without any trouble coming my way at all.
The concept of fair use is that you're allowed to make a copy, and no transferring with other people can take place.

If you're downloading it off the internet, that's not you making a copy (somebody else made it), and there's distribution going on.
 

rednekcowboy

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People who hack their 360s tend to be found out pretty easily because they like to try to use Live against all the cautions that they're going to get banned.

Not true at all, the only time someone with a flashed drive/cfw dvd get banned is for playing releases like Halo 4, Black Ops 2 early. There hasn't been an en masse ban wave from M$ for years, though I will say it's a major pia to have a flashed drive now as you need a special dvd burner, flashed with special burner software, use only certain blank media, etc, etc. However there is a product called xk3y that allows for iso's to be played from a hdd that emulates the 360 dvd drive. Again, no users have been banned from Live with this method either unless they played a release prior to release date.....
 

rednekcowboy

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The concept of fair use is that you're allowed to make a copy, and no transferring with other people can take place.

If you're downloading it off the internet, that's not you making a copy (somebody else made it), and there's distribution going on.

Not necessarily. if you download using usenet or irc, there is no 2-way traffic. Just downloading and it is perfectly legal in Canada to do so. The person hosting the download is breaking the law, but you are not. We have some very strange and one sided laws here. Just like prostitution is legal but soliciting prostitution is illegal.....
 

rednekcowboy

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Yes, but this forum does not only cater to US users so it's pertinent to answer the question on a global view as well as a US one.
 

Rydian

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There's three approaches.

1 - Answer the OP's question as it pertains to the OP. This answers the OP's question, with a reasonable amount of effort.

2 - Tell the OP that it varies depending on the country. This doesn't actually solve the OP's issue.

3 - Tell the OP what it's like for every country. This answers their question, but with an unreasonable amount of time and effort put into it.

1 is the obvious choice.
 

rednekcowboy

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No sense arguing back and forth and if the OP had PM'd you asking the question, then you are 100% correct, but seeing as the OP will not be the only one reading or participating in this thread and it is a global forum, I could not disagree with you more and will just leave it at that.
 

Rydian

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The OP asked if something HE would do would be legal or not, and that's up to the laws in his area. So I answer him, in his area.

If this was a general discussion (which we do get at times) it'd vary, but it's not. The OP asked a question about himself.

if I posted that I was male and then asked about my risks for cancer, I wouldn't expect people to talk about cervical cancer, I'd be expecting answers that actually apply to my situation.
 

rednekcowboy

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The OP asked if something HE would do would be legal or not, and that's up to the laws in his area. So I answer him, in his area.

If this was a general discussion (which we do get at times) it'd vary, but it's not. The OP asked a question about himself.

if I posted that I was male and then asked about my risks for cancer, I wouldn't expect people to talk about cervical cancer, I'd be expecting answers that actually apply to my situation.


There you got the last word, happy now oh great, wise, know it all master? If you have a problem with my posts, report them. If you have a problem with me, PM me and we can discuss this there. No need, to clog up this thread with stuff that neither of us are going to agree on, no matter what the other says.

Just an FYI--read the small print in the OP, he specifically wanted to have a global discuss. Mentions straight out "North America (which includes Canada FYI), Europe and Asia."

I'm hoping we can have an interesting discussion about this. A few notes:
  • Ethics: Are we hurting the developer?
  • Legality: Is this considered piracy in North America? Asia? Europe?
  • Should we just rip the games instead? What are the differences between ripped games and downloaded ones?
  • This is completely hypothetical at this point. Base your discussion on what if there was such a hack, what if people used it, etc.[\QUOTE]
 

rednekcowboy

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Dude, scroll up.

You're the one that came at me first. :P

And you were wrong both times on both accounts....I corrected what you said about the 360 and downloading because you were mistaken on your information. If that is "coming at you" you need to get outside and away from the computer for a while.
 

rednekcowboy

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Chill out.

I was talking about the country issue. You're whining that we disagree, when you're the one that came at me with the argument in the first place.

Yes, and you were wrong then and you're wrong now on everything you said whether it was downloading, the 360 or the OP as he stated he wanted a global discussion. Is it really that difficult for you to admit, even with the proof provided to you? If you have anything further to say, do it via PM as you're just being ridiculous now.
 

Obveron

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rednek, have you studied bill c-11 which is now law in Canada? It is now illegal to rip your own content if you need break a "digital lock" (any kind of DRM) to do so.
Downloading copyrighted material can be meant with statutory fines from $500-$5000 per infringement.
 

rednekcowboy

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Obveron, did you read the section that states you are allowed to download as long as it's for personal use only. Might take me a bit to dig it up, but if you wish, I can find it for you. As long as you're not the one who broke the lock, you are not doing anything wrong. I believe the actual wording is that it allows for the "manipulation of copyrighted data for the purposes of backing up that material" or something to that effect.

Bill C-11 has a lot of contradictory statements, many statements which favor us, the consumer. The fines you quoted, if found that you, yourself were the one who committed the infringing act (which is very difficult to do btw, in fact currently impossible as all they have is an IP and that does not suffice as proof as an IP is not a person) would count for every single act up until that point and I believe your amounts are for commercial infringement, not personal, either that or it's $100-$5000. Potentially a company could take you to court and even if victorious, they may only walk away with $100 in total for all of the alleged offences.

Bill C-11 was designed to deter companies from going after individuals for copyright infringement and rather pushes for them to go after commercial infringers (people that profit from file-sharing within Canada).
 

osaka35

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...No, it's not.



The Digital Millennium Copyright Act (DMCA)...criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself.
There is an exception made for video games, but it's not what you're thinking. This is the exception in it's entirety:

Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
  • The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
  • The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law. (A new exemption in 2010.)
Fairly straight forward. They do change the exceptions every so often, so what's legal a few years ago might not be legal now, and what's illegal now may be legal next time they change it. For instance, they've recently changed the phone rooting exception (jail-breaking) so it's now illegal unless the phone carrier itself does it.
 
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