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Is pirating a PC game and buying a PC game on eBay the same?

#31QUIK(Topic Creator)Posted 9/19/2013 7:48:48 PM
I honestly dont see a difference with buying a game on Ebay and piracy. Either way your playing a game and the developer does not get a dime from you. In terms of law one is legal the other is ilegal. I think pc gaming is in big trouble... Piracy sucks and its only going to get worse until all companies eventually do what Rockstar did wirh Gta v and Maxis did with Simcity. Maybe they should lower the prices of pc versions. They got to do something already... What is ridiculous is im just waiting to pre-order gta v on pc...thats all i want to do is pay for it and ill wait ....im buying it nextvweek for ps3 and honestly i can pirate it on pc and i should because i already paid for it in ps3 and suffered waiting for the better version.,.. but i wont because they deserve every dollar. I just wish they can stop being jerks and at least allow us to preorder the game already
#32MarikhenPosted 9/19/2013 8:07:13 PM(edited)
xanthan1 posted...
Yeah yeah semantics, do you have a better word for getting a product without paying for it?


Borrowed. Given. Gifted. Traded/Bartered. Loaned. Found.

TheC0ndemnedOne posted...
Theft of sales.


I don't really see that that is the case given that there is a significant difference between something taken and something not gained. I also have issues with the idea given that theft is grounds for criminal prosecution yet so long as the software has already been released, the distributor or downloader is not acting for personal or commercial financial gain, and the total retail value is under $1,000 it's not a criminal offense.

lionheart5656 posted...
No but the effect on the developer is the same.

Not that it matters. Video game developers are the only man babies on earth who complain about one person selling their used goods to someone else.

No other industry cares at all. It is expected and the norm.


It seems more to me that it's the publishers, not the developers, who complain about it the hardest. You do, however, have a point. Software is protected like a service but sold like a product giving it the best of both worlds.
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Stop complaining. I could have done this more painfully. - Dryad from Sacred 2.
#33xanthan1Posted 9/19/2013 8:07:25 PM
Marikhen posted...
xanthan1 posted...
Yeah yeah semantics, do you have a better word for getting a product without paying for it?


Borrowing. Being given. Gifting. Trade. Barter. Lending.



None of those fit the context. At all.
#34Orestes417Posted 9/19/2013 8:11:21 PM(edited)
Marikhen posted...
Orestes417 posted...
One legit copy existing vs 1 legit copy and 10 bootlegs. It's not rocket science.


Why do you presume that the PC gamers who bought physical copies of the game uninstalled it before selling the disc(s) to someone else?


Because it they didn't it would be piracy vs piracy and not piracy vs buying a used copy. The argument is only relevant if it's a legal sale. And before you get started, the piracy in the case of failing to remove the game from the hard drive after selling it would be by the seller, not the buyer. The buyer would be perfectly legit as the current owner of the original copy.

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If they asked how I died tell them: Still angry.
#35MarikhenPosted 9/19/2013 8:10:23 PM(edited)
Actually being given does. That's pretty much what P2P is to a large degree, giving out data free of charge. Of course you could make a case that with the BitTorrent protocol's enforcement of uploading requirements that it is or is also data trading or bartering.

Edit:
Orestes417 posted...
Marikhen posted...
Orestes417 posted...
One legit copy existing vs 1 legit copy and 10 bootlegs. It's not rocket science.


Why do you presume that the PC gamers who bought physical copies of the game uninstalled it before selling the disc(s) to someone else?


Because it they didn't it would be piracy vs piracy and not piracy vs buying a used copy. The argument is only relevant if it's a legal sale


Why would a person not uninstalling a program before selling the installation discs make the sale illegal? The illegality is in their not removing the software from the system, not in their selling it so long as they have the legal right to do so.
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Stop complaining. I could have done this more painfully. - Dryad from Sacred 2.
#36Orestes417Posted 9/19/2013 8:15:59 PM(edited)
It'd be illegal to keep the software installed because the transfer of license requires that you give all copies to the buyer or destroy the ones you don't give to the buyer. Including the ones on the hard disk. Once you transfer the license you're using an illegal copy if it remains on your system. Basically if the seller is knowingly doing it they're committing fraud as well as copyright violations.

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If they asked how I died tell them: Still angry.
#37MarikhenPosted 9/19/2013 8:32:03 PM
That also presupposes that the copyright for the game allows you to legally transfer the license though. I think many developers would, or would at least try to, disagree with that given how they act with regards to online gaming and how any game that involves online activation or a client/server relationship has non-transferable licenses.
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Stop complaining. I could have done this more painfully. - Dryad from Sacred 2.
#38Orestes417Posted 9/19/2013 8:38:53 PM
Then it'd be on ebay for allowing illicit goods to be sold. Regardless it'll never be in the same class as actual piracy
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If they asked how I died tell them: Still angry.
#39The cranky hermitPosted 9/19/2013 8:49:11 PM
I honestly dont see a difference with buying a game on Ebay and piracy. Either way your playing a game and the developer does not get a dime from you.

If you bought the game used, the person you bought it from paid the developer not just for the game, but also for the right to sell it to you. Your demand for used copies resulted in the developer getting money.
If you pirate it, the developer does not get a dime as a result from your demand for pirated copies.

On the individual sale level, that's the difference. There's also the fact that you being able to buy the game on eBay as soon as you want it isn't guaranteed - if the demand for used games exceeded the supply of used games, they'd just have to buy new copies instead. Whereas the demand for piracy can never exceed the supply.

It seems more to me that it's the publishers, not the developers, who complain about it the hardest.

That may be because publishers invest more in the games than developers do, and therefore stand to lose the most.

That also presupposes that the copyright for the game allows you to legally transfer the license though.

Copyright's got nothing to do with that. There's nothing about copyright law that prohibits you from giving your copy of the game to someone else. And you sound as though you think publishers get to decide what copyright entails. They don't. That's defined by federal and international law. They have no power to grant themselves exclusive rights beyond that - all they can do is relinquish some, and that's very uncommon when talking about commercial games.
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