PC Games section full of warez

Discussion in 'Site Discussions & Suggestions' started by tueidj, Sep 22, 2012.

Sep 22, 2012

PC Games section full of warez by tueidj at 9:49 PM (7,671 Views / 3 Likes) 71 replies

  1. tueidj
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    Member tueidj I R Expert

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    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.
     
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  2. Crystal the Glaceon

    Member Crystal the Glaceon GBAtemp Inkling™ Squishies~

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    Filetrip now holds abandonware, those files have been discussed before and have been approved for upload.
     
  3. soulx

    Member soulx GBAtemp Legend

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    If it's being sold on Steam, is it really abandonware then?
     
  4. TwinRetro

    Global Moderator TwinRetro Don't start nothin', Won't be nothin'

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    I don't think Alone in the Dark, Doom series, nor Duke Nukem is abandonware.
     
  5. tueidj
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    Member tueidj I R Expert

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    How is it "abandonware" if it's still being sold? Where is this previous discussion?
     
  6. Crystal the Glaceon

    Member Crystal the Glaceon GBAtemp Inkling™ Squishies~

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    This was discussed by the Staff.

    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.
     
  7. tueidj
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    Member tueidj I R Expert

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    Well I think the staff have been misled. How is this any different from hosting ROMs which are still sold today as virtual console games?
    That may be, but it's not the case for these games is it? Several of the hosted downloads even still contain readme.txt files saying they are not allowed to be redistributed.
     
  8. Crystal the Glaceon

    Member Crystal the Glaceon GBAtemp Inkling™ Squishies~

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    As I said, there was a discussion over this, it was deemed that any file that requires DOS to operate are OK to upload. There was also a lengthy discussion between myself and Costello about how we will handle them. Then a new rule was instated and posted right at the top of the game section
     
  9. Urza

    Member Urza hi

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    The term "abandonware" has no legal meaning.

    You are uploading copyrighted files that you hope nobody will file complaints about since they're old. No different from ROM dumps of console games.
     
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  10. Thesolcity

    Member Thesolcity Wherever the light shines, it casts a shadow.

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    You mean Abandonware and Public Domain aren't interchangeable?!? :O

    Whatever, any lawsuits should they appear won't be directed at me, so no fucks given. B-)
     
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  11. Foxi4

    Reporter Foxi4 On the hunt...

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    Technically incorrect. Games can enter the Public Domain sector via various channels - for example, if their trademark expires and is no longer updated, the original owners of the trademark die, so nobody can file claims, the publishing rights expire or the original owners of the trademark declare the games Public Domain, which has happened before.

    An example of that is the entire line of official Vectrex games which is now Public Domain, declared so by Jay Smith, the owner of the trademark.
     
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  12. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    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.
     
  13. tueidj
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    Member tueidj I R Expert

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    These games obviously don't meet that rule, they are still being sold. Duke3D for example is even on xbox arcade; hardly a game that has been abandoned by its publisher.
     
  14. Hadrian

    Former Staff Hadrian Better than Craigslist

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    Then it's ok for a rom of Earthbound SNES to be uploaded there as Nintendo won't re-release it due to licensing issues.

    It's the same thing, unless the owners of the games in question outright say "we're abandoning this game, it's ok for you to download it without paying" or the game is now in public domain then it is considered warez.

    One of those areas where we should just kill the files just in case. It's not like people can't get hold of them easily elsewhere.
     
  15. Thesolcity

    Member Thesolcity Wherever the light shines, it casts a shadow.

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    Something can be Abandonware without being Public Domain, though. :unsure:
     
  16. Foxi4

    Reporter Foxi4 On the hunt...

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    Abandonware is a term with no legal meaning.
     
  17. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    True, but there are still numerous games floating around that generate revenue to second-hand shops but not Nintendo. The only thing that prevents one from legally downloading ROMs is the fact the copyrights are still intact. Personally, I don't care what people do with ROMs of deprecated systems the don't generate money, but at the same time, games that are being actively sold, well, you get the idea. What people do in their own time is their business.
     
  18. Thesolcity

    Member Thesolcity Wherever the light shines, it casts a shadow.

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    Hence why it can be one but not another. Abandonware CAN become public domain, but its not safe (In our society) to just claim something nobody has touched for a while to be fit for upload and redistribution without the original author(s)'s consent. Catboy said he allowed Abandonware, but just because its labeled that doesn't make it legal to host. Unless I'm entirely missing the point, that seems to be the issue. :unsure:
     
  19. Urza

    Member Urza hi

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    I didn't state nor imply that games could not enter the public domain. I'm speaking to the idea of "abandonware": that because a franchise or game is "old" that it's okay to distribute the copyrighted materials in question.

    You're also incorrect in the association of trademarking with this issue. Copyrights and trademark are two very different things, the latter having little relevance here. Copyrights (in the US and many other countries) will not expire on their own for many decades barring the holder explicitly releases them.
     
  20. Guild McCommunist

    Member Guild McCommunist (not on boat)

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    I think legally we need to be referring to freeware, not abandonware. And out of that list I think the only freeware game is Star Control II.
     

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