PC Games section full of warez

[tueidj]

It seems a lot of the games in the PC section are full commercial titles (warez), many of which are still being sold online at various sites. For example:
Alone in the Dark 1 & 2 (GoG.com)
Star Control II (GoG.com)
Blood (GoG.com)
Descent 1 & 2 (GoG.com)
Doom 1 (Steam)
Doom 2 (Steam)
Duke3D (GoG.com)

I'm sure there's many more, those are just what I found within a few minutes of looking. Even the games that aren't being sold anywhere today are still copyright and should not be hosted; new "old" games appear on GoG all the time. I suggest the entire section be taken offline until the legality of each individual game is checked.

 

[Another World]

the staff will address those issues on a case-by-case basis. if the same game is made available for purchase again, just make us aware that the game is now being sold, that someone has the rights to it, and where it can be bought. we will respect the copyright holders and remove the files.

-another world

 

[WiiUBricker]

the staff will address those issues on a case-by-case basis. if the same game is made available for purchase again, just make us aware that the game is now being sold, that someone has the rights to it, and where it can be bought. we will respect the copyright holders and remove the files.

Just sayin', the copyright holders have rights to their games all the time, even if they aren't sold anywhere. Btw, the last sentence reminds me of Megaupload and some other file hosts. Look what happened to them

 

[Another World]

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Created 1/1/1978 or after - When work is fixed in tangible medium of expression - notice is irrelevant - copyright protecion lasts for the life of author and 70 years based on the the longest living author if jointly created or if work of corporate authorship, works for hire, or anonymous and pseudonymous works, the shorter of 95 years from publication, or 120 years from creation.

i don't disagree. the final decision to include these files was not ours. we are just doing the moderation of file reports.

-another world

 

[Rydian]

Assuming that an author or publisher lasted less then a year between publishing and "dying", then the most recent a game can be from is 1942 before the copyright has expired. Seeing as that rule didn't even come into play before '78 though, the only things that are exempt from that are the earliest Atari 2600 games (first two years) and the like.

Moving back and looking at the few things that fall into that age range...
http://www.copyright.gov/title17/92chap3.html#303

if the work is published on or before December 31, 2002, the term of copyright shall not expire before December 31, 2047.

(That's a pretty long range they set there.)

So I think it's a safe bet that the entire concept of "abandonware" should be cleansed from filetrip.

This thread was partially to get people to stop uploading those files, too.

 

[FluffyLunamoth]

There are also games nowadays that are freeware and still being sold
http://www.amazon.co...r+scrolls+arena

Abandonware is a rather vague grey area, but we deemed any game that requires Dos to play are OK to upload.

lets clarify it a little. if it is being sold by a system like steam, gog, psn, xbox live, etc, then someone has the rights to sell the software. those files can not be allowed on filetrip. that would be blatant warez trading. if it is an amazon/ebay/yahoo/etc seller selling their old copy of the abandoned file, then its fair game. if those files are asked to be taken down, we will comply with the developers/copyright holders.

i think that is a fair way to judge this.

-another world

So what about something like Cave Story? That's being sold and is fully freeware.

 

[WiiUBricker]

I can't find license information about the free versions of Cave Story. Technically, just because it's freeware doesn't mean that you are allowed to host it yourself. That's basically the reason why hosting and linking to system files apart from big Ns own servers is prohibited here.

 

[tueidj]

lets clarify it a little. if it is being sold by a system like steam, gog, psn, xbox live, etc, then someone has the rights to sell the software. those files can not be allowed on filetrip. that would be blatant warez trading. if it is an amazon/ebay/yahoo/etc seller selling their old copy of the abandoned file, then its fair game. if those files are asked to be taken down, we will comply with the developers/copyright holders.

Why is this lenient policy only being applied to PC games and not ROMs (which are banned outright) ?

 

[Arm73]

Pardon me, but what's the point in removing selected downloads from FT ? Just because some of us will feel good about themselves ?
We've been doing ' things ' on this forums that have a lot to do with hacking, pirating and modding.

If there are a few questionable files on FT, why don't do the sensible thing, and live them there until some of the original copyright holders dom come in here and demand to take them down ?
Who am I to say what's right and what's wrong and what should be done ?

I doubt that having a dozen of commercial games on FT will seriously hurt the industry ( especially since hey are so old and even require DOS ), and people around here certainly know how to get them else where .
It's just convenient to have 'em in one place.

Like I said, I am nothing, I don't have the right to tell you guys what to do. Only the original copyright holders DO have the rights to say something, and if they don' t bother to come in here and demand their intellectual propriety to be taken down, why should some of us feel entitled do so ?

There are worst crimes in the world you know ? Like for example creating an emulator that requires illegal roms to run ( and makes you look for yourself for the roms, but still encourages piracy IMO ) or port a PC game to the Wii that requires original WADs to run.

This , also encourages illegal downloads ( even though the ' authors ' recommend to get the legal files on GoG, but if I didn't have the emulators or the means to play said games on my modern hardware , then I wouldn't bother in looking for them in the first place now, wouldn't I ?

 

[tueidj]

The point is removing any possible reason for someone to launch a lawsuit against the site before it happens. The alternative would most likely be the hosting company pulling the plug as soon as they receive the first DMCA takedown request and see for themselves that a bunch of pirated software is being hosted (then demanding a fee to allow the site back online).

 

[Rydian]

So what about something like Cave Story? That's being sold and is fully freeware.

The original version of Cave Story as distributed for free (including the PSP port, source was given from Pixel for it from what I read), the sold versions (which came years later) are not freeware. Cave Story for the PSP is fine to host as far as I see, but a cracked copy of Cave Story+ (from Steam) is not.

I can't find license information about the free versions of Cave Story. Technically, just because it's freeware doesn't mean that you are allowed to host it yourself. That's basically the reason why hosting and linking to system files apart from big Ns own servers is prohibited here.

The general line of thought it if something is meant to be distributed freely it's fine to. Take the PSP firmware updates, for example. They can be downloaded from Sony's site in a standalone version and it has instructions on how to put them on a memory stick. If the original version of Cave Story is in question, then wouldn't the firmware updates for the PSP be as well?
http://us.playstation.com/support/systemupdates/psp/index.htm
http://www.scei.co.jp/psp-eula/psp_eula_en.html
(Since the link there appears to be a little broken JS.)

You may not [...] (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods;

What these methods are, I can't find (maybe I'm just CTRL+F'ing for the wrong phrases.)

Pardon me, but what's the point in removing selected downloads from FT ? Just because some of us will feel good about themselves ?
We've been doing ' things ' on this forums that have a lot to do with hacking, pirating and modding.

This site makes it a point to not host anything illegal. Hell, we don't even point out ROM sites.

If there are a few questionable files on FT, why don't do the sensible thing, and live them there until some of the original copyright holders dom come in here and demand to take them down ?

Well if you KNOW that you're doing something wrong and purposely wait until legal action is taken you'll likely get hit even harder if they take you to court, since you can't exactly claim innocence once it's been publicly made aware to you that you're hosting something illegal. Or you could take the files down and avoid legal action.

No legal action against you > legal action again you.

 

[Arm73]

.......
No legal action against you > legal action again you.

Yeah I understand your fair point, but we are talking about a few very old files here, it's not like a huge, piracy focused download site like the old Demonoid for example ( which took years to be taken down ), I'm pretty sure it wouldn't make any sense to sue a small community over a few ' questionable files ', without some friendly warning first.
Like I said, we are talking about peanuts here , compared to giant illegal warez focused sites.
But fair is fair.

 

[Gnargle]

GTA 1 and 2 are available through Steam but are also available for free from R*'s own website. Abandonware is a fluid thing, but I think considering, say, Doom is nonw nearly 20 years old we're probably good. Bethesda aren't going to take legal action over Doom WADs since you can google search and every result will be a full version of the game.
Oh, and Filetrip hosts BIOSes too, right?
They're under copyright, technically, you know.

 

[Minox]

Oh, and Filetrip hosts BIOSes too, right?

No.

 

[Another World]

if its legally available for free, then why are you asking? filetrip is a mirror, mirror it. i fail to see how that instance is confusing at all.

-another world

 

[Another World]

So what about something like Cave Story? That's being sold and is fully freeware.

if its legally available for free, then why are you asking? filetrip is a mirror, mirror it. i fail to see how that instance is confusing at all.

-another world

 

[TripleSMoon]

It's not, despite the fact most of those games are not being sold, but then there's the Virtual Console and 3DS Shop, but a very grey area nonetheless.

Even so, there's still so many legacy games that aren't sold in any virtual console or physical form at all, and yet they're still disallowed from being hosted. Earthbound and Donkey Kong 64 being perfect examples.

 

[the_randomizer]

It's not, despite the fact most of those games are not being sold, but then there's the Virtual Console and 3DS Shop, but a very grey area nonetheless.

Even so, there's still so many legacy games that aren't sold in any virtual console or physical form at all, and yet they're still disallowed from being hosted. Earthbound and Donkey Kong 64 being perfect examples.

Nintendo owns the rights to DK64, but they don't want to release it.

 

[TripleSMoon]

Nintendo owns the rights to DK64, but they don't want to release it.

I know. And that's exactly my point. The same can be said about these old computer games that are arbitrarily allowed to be hosted in the PC section. Just because the company isn't doing anything with the IP to make money, they still own it. So what's the difference?

 

[the_randomizer]

Nintendo owns the rights to DK64, but they don't want to release it.

I know. And that's exactly my point. The same can be said about these old computer games that are arbitrarily allowed to be hosted in the PC section. Just because the company isn't doing anything with the IP to make money, they still own it. So what's the difference?

No difference, but it almost seems like a lost cause to copyright IPs that will never be used by companies (existent and defunct) to generate revenue; like the Mother series. I personally don't care how and where people get ROMs or ISO images, that's their business.

 

[Jamstruth]

If the game is available as Shareware or Freeware it should be fine to host on Filetrip.
If the full versions are being posted on Filetrip and its Shareware then that's a problem. If the games are being posted and there is no Freeware or Shareware version then it is a massive problem.