It sire has changed, because media companies keep changing the meaning to encompass more and more actions. Distributing something for free that was already distributed for free (such as game console system updates for instance) is piracy now. In reality they should only be able to claim infringement if someone was selling the firmware or if they are misrepresenting themselves as an official source of the download. This brings me to CFW and cracked game .exe files: theae shouldn't be considered illegal either, especially if again they aren't misrepresented as official files. A cracked game .exe is entirely useless without the rest of the assets, and by itself cannot do any damage. I could go on, but this is already a serious rant in the EOF lol.
] On Guard 
