Andrew wrote:I would say there's a difference between buying a second hand game (or being given a game as a gift that has been acquired legally) and downloading the game since software piracy is illegal. Buying a second hand copy is not. You can call it a "market decision" if you like, but I would think that in the eyes of the law one is legal and the other is not.
That doesn't address the moral issues of it, which seemed like the case you were making.
"Theif" and "stealing" might seem like harsh terms but by definition they're accurate. If stealing can be defined as taking the property of another or others without permission or right then downloading the game is stealing since no license has been purchased to use that software which as I understand it is basically what we're doing when we buy games or any software for that matter. We don't have any ownership over the games in terms of copyright, their code or the right to make copies and sell them but we are free to give the original copy to someone as a gift or sell it second hand.
Well, Live doesn't have a license agreement like say Windows. And a license almost never gives you authority to resell the product. That's usually a big violation of said license.
Purchasing a used copy is getting the "property" of others without their permission if the game is the property of EA Sports. But there is an implicit argument that once I purchase the game from the store, it is my property, and when I sell it to the store I am granting them it as their property. Then they can sell it to someone else. If EA or any other game company could do so, they would directly challenge this. Based on the absolutely horrible copyright law we have today, the store and customers would be found in violation of the copyright if it found as EA's property.
Giving your copy to someone else would also be a violation in a "license" situation, as licenses are supposed to be held specificially to one person unless said license allows transmission of the license. (This is why Windows will get angry if you change your computer hardware too much.)
If you walked into any store looking for any kind of product, found it and felt that it was overpriced, would you shoplift it and call that a market decision?
That's completely different. That is actual theft, you are stealing the store's property AND removing that property from the market. Causing a loss to the store, the distributor, customer, etc. In downloading you are not taking the property from anyone, but instead acquiring a copy.
Copyright law was originally understood as that you could not could take someone elses copyright as your own and sell it without permission. Fair use theory allowed you to tape something off TV, make a photocopy of a magazine page for your files, etc. How is downloading a TV show different from if your friend video taped last nights Seinfeld for you and gave you the tape? Previously that was understood to be within the use of copyrights. So was making a mixtape for your friend, or giving them photocopies of a how to guide from a book.
But there's no way to justify it from a legal standpoint. There's no law against selling a product second hand
Legal standpoints cannot ever be "justified", because it is either illegal, legal or unspoken to. Moral standpoints, and thus the moral underpinnings of law, can. Which is why laws change.
And there is legal question to whether or not you can resell these new "digital copyrights" as some companies, especially Nintendo, have persued used retailers. But used games have been found to be the property of the physical holder, and therefore open to resale. So we have a perverted system in which you can sell someones copyrights and profit without their authority, but cannot freely share them.
Also, this legal stuff differs from country to country. In some countries there is absolutely no law against downloading something off the internet, as they have wide fair use protections. That doesn't change the moral argument in those countries to make it alright.
Digital copyright law in most countries is a disaster, it's an acknowledged disaster, and needs to be reworked to follow old copyright understandings. There's also the question of what the copyright is copyrighting.
As I've think has been obvious, I have no qualms with someone believing somethings value to determine how it is acquired. I also have no qualms with downloading a game I would otherwise only buy or in many cases only be able to buy used. If used games are legal, downloading games cannot be. As the former implies the copyright over the discs' data is not strong enough to deny a user from reselling that copyrighted data. It cannot therefore be strong enough to deny free sharing of that data.
EDIT: I think I should also note, that downloading is almost borderline not illegal. Uploading however is. This is why these companies have to be able to prove they can receive copyrighted data from you, not that you just have possession of it.