Is It Illegal to Pirate Games That Are No Longer Available?
The short, definitive answer is: yes, it is generally illegal to pirate games that are no longer available for sale. While it might feel like a victimless crime to download a game that a company no longer profits from, the core issue is copyright infringement. Copyright laws protect the intellectual property of creators, including game developers and publishers, for a specific period, regardless of the game’s current availability. This means that even if a game is no longer sold, the copyright still exists, and distributing or downloading unauthorized copies remains illegal. The fact that the game is unavailable through official channels doesn’t negate the copyright holder’s rights.
The Illusion of “Abandonware”
The term “abandonware” often floats around online, suggesting that if a game is no longer sold, it’s somehow fair game for piracy. This concept is a myth. There is no legal basis for “abandonware.” Copyright protection doesn’t simply expire when a game becomes commercially unavailable. Publishers might stop actively selling older titles for various reasons, such as hardware obsolescence or marketing decisions. However, they still retain ownership of the game and its associated assets. The perceived “abandonment” doesn’t relinquish their legal rights. Downloading and sharing such games without permission is still considered copyright violation.
Why the Confusion?
The confusion arises partly from the fact that legal action against those who download and share older games is rare. This doesn’t mean the activity is legal; it simply means that enforcement is often not a priority for copyright holders. Pursuing individual users who download old games is often expensive, resource-intensive, and sometimes generates negative public relations. However, it’s vital to understand that lack of enforcement does not equal legality.
The Legal Implications
Downloading and distributing games from unofficial sources expose you to various legal risks. While the likelihood of being personally targeted by a lawsuit for downloading one old game is small, the possibility remains. Copyright infringement is a federal crime with serious penalties. Here are some of the potential consequences:
- Civil Lawsuits: Copyright holders can sue infringers for damages, which can be substantial. They can claim compensation for lost sales and potential revenue.
- Criminal Penalties: In some jurisdictions, large-scale piracy or distribution can lead to criminal charges, including fines and imprisonment.
- Website Shutdowns: While individuals might go unnoticed, websites that host and distribute pirated games are often targeted and forced to shut down. This is a more active area of enforcement.
- Reputational Damage: Engaging in illegal activities can negatively impact your reputation.
Emulators and ROMs: Understanding the Difference
It’s important to differentiate between emulators and ROMs. Emulators are software programs that mimic the hardware of older gaming systems. They are generally considered legal as long as they do not include any copyrighted code from the original consoles. ROMs, on the other hand, are digital copies of the game’s software extracted from physical cartridges or discs. Distributing and downloading ROMs is the core of the copyright infringement issue.
Is Using Emulators Illegal?
Using an emulator itself is generally not illegal. The issue lies with how you acquire the game to play on the emulator. If you’ve legally obtained the game from a legitimate source and created your own backup for personal use, this is considered acceptable (though there are sometimes complex legal gray areas with this depending on the jurisdiction.) However, downloading ROMs of games from websites is almost always a clear violation of copyright law.
The Morality of Pirating Old Games
Beyond the legal aspects, there is the moral question of whether pirating old games is right or wrong. While many might feel that downloading a game that is no longer sold doesn’t harm anyone, it’s important to remember that game developers worked hard to create the title. They have a right to their intellectual property and to determine how their games are distributed and accessed. Even though a game isn’t sold anymore, the original developers still may want to maintain control over their intellectual property.
Supporting the Industry
Furthermore, the argument for piracy due to unavailability can be a slippery slope. Supporting the gaming industry, both past and present, ensures that developers can continue creating games. Even if it seems like a small act, pirating can contribute to a culture of copyright infringement, undermining the efforts of developers. There are often legitimate avenues to play old games, such as digital re-releases and classic game collections, and supporting these options benefits the industry.
Conclusion
While the allure of playing old, unavailable games might be tempting, it’s essential to understand the legal and moral implications of piracy. Regardless of availability, the copyright on these games is usually very much active, and downloading or distributing them is illegal. The perceived victimless nature doesn’t make it right or legal. It’s better to explore legitimate means of playing retro games and to support the creators who make them.
Frequently Asked Questions (FAQs)
1. What is “Abandonware,” and is it Legal?
“Abandonware” is a term used to describe games that are no longer sold by their original publishers. It is not a legal term and does not provide any legal basis for copyright infringement. Copyright still applies to these titles.
2. Is it Illegal to Download ROMs?
Yes, it is generally illegal to download ROMs of games from unofficial sources. These files are copyrighted, and distributing or downloading them without permission is a violation of copyright law.
3. Are Emulators Illegal?
Emulators themselves are generally legal. They are software programs that emulate the hardware of older consoles. The issue lies with the ROMs used with them.
4. Can I Go to Jail for Downloading a Pirated Game?
Yes, in theory, you could face criminal charges for pirating games, although it is unlikely for small-scale, personal use. Piracy is a federal crime, and large-scale piracy can result in fines and imprisonment.
5. What is the Difference Between Piracy and Copyright Infringement?
Piracy is a general term for the unauthorized copying and distribution of copyrighted material, such as games, software, and movies. Copyright infringement is the legal term for violating someone’s copyright rights. They are related, with piracy usually being a form of copyright infringement.
6. If a Game is No Longer Sold, Does Copyright Still Apply?
Yes, copyright still applies to a game even if it is no longer sold. Copyright lasts for a specific period, generally the author’s lifetime plus 70 years. It does not expire just because a game is no longer commercially available.
7. Is it Legal to Make a Personal Backup of a Game I Own?
Making a personal backup of a game you legally own is a grey area. It is often argued to be legal for personal use, but is often legally complex, and the laws can differ by country. However, distributing that backup to others is illegal.
8. Is it Illegal to Buy a Second-Hand Game?
Buying a second-hand game is legal. You are purchasing a legal copy of the game that has already been paid for once. Piracy involves the creation of copies without any payment to the original rightsholders.
9. What are the Risks of Using Pirated Software?
Using pirated software can expose you to malware, viruses, and legal penalties. Additionally, your system may experience instability or performance issues.
10. What Should I Do If I Want to Play Older Games Legally?
You can legally enjoy older games by purchasing digital re-releases, classic game collections, or used physical copies from reputable sellers.
11. Does Piracy Hurt Game Sales?
Yes, numerous studies have shown that piracy has a negative impact on game sales. This directly affects game developers and the ability to create future games.
12. Can Game Companies Track Who Downloads Pirated Games?
Game companies and copyright holders can track downloads from major piracy websites, but it’s very difficult to track all instances of distribution. They generally target the distributors, not individuals.
13. What Happens if You are Caught Pirating Games?
You could face civil lawsuits, criminal charges (in some cases), fines, and potential imprisonment. The severity depends on the scale and nature of the piracy.
14. Does Adding Pirated Games to Steam Get You Banned?
Adding non-Steam shortcuts of pirated games to your Steam library will not get you banned from Steam. However, this does not make pirating legal.
15. What is the Best Way to Support Game Developers?
The best way to support game developers is to purchase their games through official channels, such as digital stores or retail outlets. You can also purchase their merchandise, and spread the word about their work to others.