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Author Topic: "You Can't Torrent Your Game Copy, That's Illegal"  (Read 22275 times)

dragonshardz

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #195 on: January 27, 2011, 04:37:52 am »

-removed-

Never mind, I don't want to reread all the arguments ever about piracy etc.
« Last Edit: January 27, 2011, 05:01:17 am by dragonshardz »
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ghosteh

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #196 on: January 27, 2011, 05:25:32 am »

too many internet police up in here.
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ECrownofFire

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #197 on: January 27, 2011, 05:31:04 am »

With TOR, you aren't distributing anything at all. You're providing a method of communication to use in order to get whatever information it is you're getting. You might as well say that a telephone line serves up phone sex calls; providing a means of communication is not the same as providing data.
The principle is still the same either way. You are providing people a way to access random arbitrary data with TOR, and you are providing random arbitrary people with access to data with torrenting.

This is bullshit. This is equivalent to saying that giving prescription drugs to random people on the street is the same as giving people a car with which to go out and buy it from someone else.
No, because giving out prescription drugs is illegal no matter who receives them. It's more like leaving a beer somewhere for a random person to find, even an underage person, and doing that every day for a week ("seeding" beer for a week). Or transporting a package that you have no idea what it contains to a different address (TOR) (some old lady the local news reported on ended up accidentally working for the Russian Mafia with this, didn't get jailtime or anything). But also with torrenting, currently the ways the law works (as I understand them anyway), is that the original uploader IS at fault, because them cracking the game should have been kept to themselves (as the law sees it anyway).
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Shades

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #198 on: January 27, 2011, 05:36:39 am »

The principle is still the same either way. You are providing people a way to access random arbitrary data with TOR, and you are providing random arbitrary people with access to data with torrenting.

This isn't actually the same, on the one hand you providing access to he data via hosting a TOR node, and on the other you are providing that actual data without a distribution license. The latter is illegal pretty much everywhere (with a few caveats in some countries for backup licenses and the like).

However if the torrent was leached without being shared at all then there might be an argument being that the download has a license for the software. Of course the uploader would still have been breaking the law and I'm not sure how that effects the legalities. The person/group that cracked it original may or may not have been breaking the law depending where they live, in some countries you are allowed to make any modifications to something you own that you like.

Morally I think you should be allowed to download software you have paid for but stupid protections are not letting you use, but that is a separate issue.
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G-Flex

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #199 on: January 27, 2011, 07:04:55 am »

No, because giving out prescription drugs is illegal no matter who receives them. It's more like leaving a beer somewhere for a random person to find, even an underage person, and doing that every day for a week ("seeding" beer for a week).

Fair enough. By the way, that would be illegal, because you're offering beer intentionally to whoever wants it without any regard for even guessing at how old they are. You know you'd get arrested for that, right?

Quote
Or transporting a package that you have no idea what it contains to a different address (TOR) (some old lady the local news reported on ended up accidentally working for the Russian Mafia with this, didn't get jailtime or anything).

Except in that case, you have no idea that anything illegal is going on at all.

Quote
But also with torrenting, currently the ways the law works (as I understand them anyway), is that the original uploader IS at fault, because them cracking the game should have been kept to themselves (as the law sees it anyway).

It doesn't matter if the game has to be "cracked". Simply uploading an unprotected disk image is enough.
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ECrownofFire

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #200 on: January 27, 2011, 07:13:09 am »

No, because giving out prescription drugs is illegal no matter who receives them. It's more like leaving a beer somewhere for a random person to find, even an underage person, and doing that every day for a week ("seeding" beer for a week).

Fair enough. By the way, that would be illegal, because you're offering beer intentionally to whoever wants it without any regard for even guessing at how old they are. You know you'd get arrested for that, right?
But you're just leaving it on the side of the road for some random person to find. So you might get fined for littering or something, but not giving alcohol to minors :P

Quote
Or transporting a package that you have no idea what it contains to a different address (TOR) (some old lady the local news reported on ended up accidentally working for the Russian Mafia with this, didn't get jailtime or anything).

Except in that case, you have no idea that anything illegal is going on at all.
And in this case, you have no idea whether it's illegal for the receivers to receive it or not.
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G-Flex

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #201 on: January 27, 2011, 07:52:41 am »

But you're just leaving it on the side of the road for some random person to find. So you might get fined for littering or something, but not giving alcohol to minors :P

Are you serious? Leaving alcohol in a specific, discoverable place for anyone to get and making sure that there's enough stock for everybody is tantamount to distributing alcohol without a license and to minors. Please don't tell me you think you'd get away with distributing alcohol to random people (potentially children) in court, even if the method of distribution is leaving cases of it outside under a "FREE BOOZE" sign.

And in this case, you have no idea whether it's illegal for the receivers to receive it or not.

It's illegal for you to distribute in the first place, as you do not have a license to do so. Not only does this likely make it illegal, but any decent EULA will reserve the right to distribute the software, and likely explicitly withhold that privilege from you.

It is not reasonable to expect a package delivery person to know what's in the package they're delivering, or whether or not it is legal. Of course, if they do know it's illegal, then they're legally obligated to not deliver it. In the case of distributing software illegally, it's more like not carding for tobacco or alcohol purchases at a store: You generally need to observe a reasonable level of diligence when it comes to making sure that the recipients of the data have a legal right to it, and you don't have the legal right to be distributing it in the first place.
« Last Edit: January 27, 2011, 07:54:50 am by G-Flex »
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ECrownofFire

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #202 on: January 27, 2011, 08:27:45 am »

But you're just leaving it on the side of the road for some random person to find. So you might get fined for littering or something, but not giving alcohol to minors :P

Are you serious? Leaving alcohol in a specific, discoverable place for anyone to get and making sure that there's enough stock for everybody is tantamount to distributing alcohol without a license and to minors. Please don't tell me you think you'd get away with distributing alcohol to random people (potentially children) in court, even if the method of distribution is leaving cases of it outside under a "FREE BOOZE" sign.
In the case of seeding, it's more like leaving a specific amount, not enough for everybody. And really, only people that WANT it are going to get it, which almost exclusively is adults anyway, but that's beside the point.

And in this case, you have no idea whether it's illegal for the receivers to receive it or not.

It's illegal for you to distribute in the first place, as you do not have a license to do so. Not only does this likely make it illegal, but any decent EULA will reserve the right to distribute the software, and likely explicitly withhold that privilege from you.

It is not reasonable to expect a package delivery person to know what's in the package they're delivering, or whether or not it is legal. Of course, if they do know it's illegal, then they're legally obligated to not deliver it. In the case of distributing software illegally, it's more like not carding for tobacco or alcohol purchases at a store: You generally need to observe a reasonable level of diligence when it comes to making sure that the recipients of the data have a legal right to it, and you don't have the legal right to be distributing it in the first place.
Alright then, you don't have a legal right to distribute it. I give you that you can't really distribute the game itself. But let's just assume that you're ONLY distributing the method to crack the game then. That contains nothing of the original game code, depending on the method used.
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Toady One

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Re: "You Can't Torrent Your Game Copy, That's Illegal"
« Reply #203 on: January 27, 2011, 09:31:17 am »

Looking over it, this one seems done with.
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