Legality of cracks (not in breech of sticky)

wolfric

Please read this before assuming i'm in breech of the sticky.
I simply wish to know if you own the game (disk). Are you legally allowed to

1. Create a crack
2. Use a crack

I've googled this to no avaii. I may be using the wrong keywords or it's just too overrun with mentions of similar keywords with another intent.

RedPlanet

Well, all of the files on your computer you own and can pretty well do what you wish. Hack them, delete them etc.
Obviously you may be in breach of the software's EULA but that doesn't necessarily mean much.

wolfric

I dont really think that helps as you can download illegal software and thats definitely NOT yours yet it is on your computer. Eula is enforced with law i would assume no? I would have thought it is a legally binding agreement which is what i was refering to.

RedPlanet

wolfric wrote: »

I dont really think that helps as you can download illegal software and thats definitely NOT yours yet it is on your computer. Eula is enforced with law i would assume no? I would have thought it is a legally binding agreement which is what i was refering to.

No, there are cases left and right about EULA and courts swing both ways.
If I don't own the bytes of data on my hard drive, can I implement a policy whereby i can charge the owning party for renting space on my hard drive?

Think about this for sec, if you don't own the stuff on your hard drive, and then you format the disk, could you be hauled to court for destorying such and such company's property?

on edit:
You've moved the discussion from talking about the legality of cracks to pirating software, which is a fairly big leap.
I don't think people get done for possessing ripped movies on their hard drives, they get done for copying and sharing copyrighted material. At the end of the day, the copyright holder doesn't own bits of data on your hard drive. Usually those pirated movies are like .AVI files that people created using software to copy DVD's, the copyright holder doesn't own those .avi files.

blackgold>>

You dont "own" your copy of windows either.
I think your allowed mod/crack the game if you own an original copy.

Tallon

You are not allowed edit a game in any way, its illegal

aidan_walsh

Most commercial EULAs will contain sections prohibiting any form of unauthorised alteration of the application.

Overheal

Console Games don't make you sign an EULA. Thats a PC thing.

Back when ROMs were popular it emerged (I think this is still true today) that if you own a copy of the game (say I own Super Metroid on SNES) I am well within my rights to seek download and retain a ROM copy of Super Metroid. If you don't own a copy and you download a ROM you have to delete it within 24 hours before you are in breach of the law.

You were googling in the wrong places is all.

http://en.wikipedia.org/wiki/ROM_image

aidan_walsh

Back when ROMs were popular it emerged (I think this is still true today) that if you own a copy of the game (say I own Super Metroid on SNES) I am well within my rights to seek download and retain a ROM copy of Super Metroid. If you don't own a copy and you download a ROM you have to delete it within 24 hours before you are in breach of the law.

This was never true. It was bandied about as a justification for ROM copying though.

Overheal

in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a "game backup" device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).

Some games companies, such as Nintendo, print warnings inside their game manuals that they do not allow users to make backup or archival copies. Whether or not these warnings in this specific form can be considered valid contracts is legally questionable. For an overview of relevant issues, see user agreement (EULA), shrink wrap contract, clickwrap, Fair Use, Fair Dealing and DMCA.

It could be very well argued that CD games are more volatile than Cartridge games. Once a disc gets scratched in the right place it can be rendered inoperable, and it happens frequently and often. A new case might have to decide it for good but I'd feel pretty confident ripping your game CDs/DVDs falls into the Archival act.

In terms of volatility we go Magnetic Tape > CD/DVD > Hard Drive > Cartridge.

I think the Industry knows it sits on shaky ground on the matter (between EULA and archival issues) which is why enforcement is so starkly low.

There have been few convictions and lawsuits related to ROM trading. Criminal convictions tend to be related to high-profile warez groups which trade combinations of recent films and computer games. In contrast, the ROM scene tends to concentrate mostly on older games. Given the lack of continuing profit from most older games, the grievances of games companies rarely exceed sending a cease and desist letter which demands that the recipient stop distributing the copyrighted works in question.

AlmightyCushion

Overheal wrote: »

It could be very well argued that CD games are more volatile than Cartridge games. Once a disc gets scratched in the right place it can be rendered inoperable, and it happens frequently and often. A new case might have to decide it for good but I'd feel pretty confident ripping your game CDs/DVDs falls into the Archival act.

Even ripping music cds to your computer is illegal. It's not something you'd ever get thrown in front of a judge for though. I imagine it would be the same for dvds and games. Illegal to do it but you shouldn't worry about it.

polishpaddy

I didn't google anything so ... As i understand it, if you bought it you can copy it. As long as you don't give it to anyone else.

wolfric

Can we try refocus this guys? cracking and using cracks. Can someone give me a solid answer with references rather then opinion.

Overheal

Why do you need it?

wolfric

Why do i need what? Clarity of legality on cracks? because i want to use them. Breeching the law in a way thats so trivial that it doesn't get noticed is still breaking the law.

My intentions don't make it right or wrong, i want to know what the law says about this. Personally though if it makes any difference to anyone reading this, i find its a pain in the ass digging up disks every time i want to play so i nomally try get cracks when i can. Its becomming easier with things like steam and games that don't require disks like spore but there are still some out there.

Cool Mo D

wolfric wrote: »

Can we try refocus this guys? cracking and using cracks. Can someone give me a solid answer with references rather then opinion.

It is not legal. Making a copy of any copyrighted work, or section of copyrighted work is illegal, except under extremely narrow exceptions. The exceptions do not include "for the convenience of the user". See http://www.cai.ie/faq/index.htm#10


It is illegal, for example, to rip CDs, even ones you own yourself to your computer. It is probably illegal to photocopy a single page of a book. The rights we have in Ireland to make use of copyrighted works are much more limited than they are in the USA, where they have more liberal fair use exceptions.

It is also illegal, under the EU copyright directive here to circumvent copy control or access prevention measures to a copyrighted work. This obviously covers noCD cracks, key generators, blocking phone-homing cracks etc.

So cracks are completely and unambiguously illegal in Ireland.

The laws are totally ridiculous, obviously and anti-consumer, and set up only to protect big business, but there is no two ways about it from a legal standpoint - if you are using content in any way except that permitted by the content owner, you are breaking the law.

FruitLover

wolfric wrote: »

Breeching the law in a way thats so trivial that it doesn't get noticed is still breaking the law.

My intentions don't make it right or wrong, i want to know what the law says about this.

Is it actually relevant? If it's illegal, are you seriously going to go back to digging out CDs/DVDs for your games because some ridiculous, archaic law (over which you'll never even even be questioned, never mind prosecuted) says you shouldn't crack your legitimately purchased games?

Overheal

At any rate Wolf we can't provide you legal advice. We can't tell you its OK we cant tell you if its legal/illegal and we cant advocate it.

Personally though, I do what I do, y'know.