Would this be legal?

[aimeeandbeatles]

If you purchase a game legally, but the CD breaks, and you can't get it replaced, would it be legal to download it, if you had proof you bought it?

Just wondering. I've had to do it with SimSafari, although I don't have any proof. We threw out the box and receipt months before, and I couldn't get a replacement from EA.

 

[Macha]

I would have bo problem with someone doing that but I'd say it probably isn't legal.

 

[Onionsoilder]

Don't quote me on this, but I believe it is legal. If you own a license to use it, it should be perfectly fine.

 

[aimeeandbeatles]

Thank you both.

 

[Speedo]

Yes, though if the downloaded copy uses a crack of some kind it'd be in legally sticky territory (as are no-CD type cracks in general).

 

[Genocidicbunny]

Id say go ahead and download it since you did pay for it and hopefully still have your original cd-key. On the other hand, looking at the EULA's of some newer games and their DRM in general, you're renting the game, so once you lose it, its legally gone.

The practicality of it is this though: If you use your original cd-key, its very unlikely that they will know that you dont have the original game. This is how I got my hands on games such as Company of Heroes and Half Life 2. Since I bought them in russia, the games were in russian. I merely torrented the US versions and used the russian cd-key.

 

[Comraddict]

how association with illegal practices (unauthorized copying by downloading altered product that violates copyright and numerous laws) can be legal?

 

[warpus]

Nobody's going to prosecute you for downloading SimSafari, so the question of legality is irrelevant.

It's probably illegal though.. but you have a good excuse. Plus, it is SimSafari.

 

[Padma]

I would have absolutely no moral qualms about downloading a replacement for something I legally own. Most countries have "fair use" laws in place, allowing you to make a backup copy of any of your software. But then the software publishers go out of their way to make it impossible for you to make your legally authorized backups....

Morals and ethics aside, the strictly legal issues are a bit fuzzy,with 'cracks' and 'warez' being definitely on the 'wrong side'.

 

[aimeeandbeatles]

Well, I remember the game had no copy protection. It was made in 1998.

 

[Chip56]

On the other hand, looking at the EULA's of some newer games and their DRM in general, you're renting the game, so once you lose it, its legally gone.

If you are in the EU you may ignore Eulas since our courts decided that you must be able to read agrements before you buy a product. And since you can only read the Eula when you start the install, which is usally after you bought a cd in shop...