legality of a torrent

[thesimplecreator]

ok, before i start i wanna say that im not looking for illegal software here or links to anything, i just want to ask a question.

Roms and emulators are supposed to be legal if you have an original copy of the game, so if one possessed the broken cd for a pc game would using a torrent to get a new copy be illegal still?

[giammy]

hi,

well, I think it's illegal: if you broke your watch, you are not entitled to steal a new one

bye
--
Gianluca Moro

[elija]

I think it would depend on the licence for the software.

[D-cat]

Disclaimer: I am not a lawyer. I cannot be held accountable for your actions. Contact a lawyer in your area prior to partaking in any activity where you do not understand the legal implications.

This is really a gray area. I would suggest that while technically illegal, you might be able to get around it with a fair use technicality combined with proof of value.

Fair use varies from state to state, but in general you are allowed to make a backup copy for private use. Combined with the burden to prove value (and your proof of original purchase), there may be little that can be done to enforce such anti-piracy measures in such a single situation.

However, licensing agreements are important. In many states, contract law overrides state/provincial law. You want to look for something to the effect of "In the event that a provision of the contract is in conflict with a state statute, the contract will be upheld..." In this event, the software's EULA means everything and fair use backups is flushed down the toilet. You can still try to claim "failure to prove value," but that's really going to depend on how good your lawyer is and the mood of the judge that day.

In most cases, I'd suggest it's just not worth it.

[Rubberman]

I also am not a lawyer, but I would think that the onus would be on the provider, not the downloader, of the disc image in such a situation. FWIW, the DRM on a lot of these game discs relies on specific characteristics of the physical medium, so even if you get a disc image, it might not work once you burn it to disc. Caveate downloader! Also, beware of viruses and other malware distributed this way. So, IMO, you are SOL and should just purchase a new copy, unless the game company has a replacement policy that might cost somewhat less than purchasing an entire new game.

[arinlares]

Yet another "I'm not a lawyer" thing...

In the US, I think it is universally in violation of the DMCA, and can result in a fine or jail. I've also heard that it's legal in a case like the OP, where you have purchased the game, and downloaded it for whatever reason. I guess if it's a PC game, and you don't crack it or anything, it's alright, but it's, AFAIK, legal gray area.

[oz]

legality of a torrent

Notice all the disclaimers?

The bottom line is that you can get lots of varied opinions from Linux users on a forum such as this, but generally speaking only attorneys at law can give legal advice, and in the end it is the courts themselves that actually decide the legalities of different issues.

That said, my opinion is that you can do whatever you want as long as you don't violate any licenses or user agreements associated with a particular piece of software. If you aren't sure what the license or user agreement means, but it is important to you, it would be best to consult with the proper lawyer. At the very least, you can get in touch with the software author(s) and ask them for clarifications.

[gnuuser]

a legal copy consists of a reproduction of the original media as long as it remains with the documentation including the c.o.a.and associated equipment
If the equipment is resold without the media the c.o.a. is invalid and the software must be destroyed.
as a licensed owner you can make a copy but it must remain with the equipment.
and cannot be used on another computer.
cd rom based programs are a good example you would create a work copy and store the originals in a safe place

[Lakshmipathi]

but I would think that the onus would be on the provider, not the downloader

I would agree with you. torrent providers should be held responsible for their actions not downloader

More over,It would easy to sue the providers (or site owners) easily than downloaders !!!!
Any torrent provider sued for illegal activities ?

BTW,the disclaimer, comes here...I'm not a lawyer .

[tonev]

yes the person who uploaded the torrent shold be resoinsubke