Is downloading and playing the leaked Crysis 2 legal?

[TheMailMan78]

"Additionally, the Penal Code explicitly requires the intention of commercial profit in order to commit a crime against the Intellectual Property"

Ok then please who is getting comercial profit from playing this i really wanna know! LMFAO

Only if you own it. Crysis 2 isn't owned by anyone except Crytek which makes it stolen property. What don't you understand?

 

[Mr McC]

You miss this bit?

This is pursuant to actually purchasing the 'software'. Once purchased then you can copy it for your own use.

I think.

But i give up on this thread, it'll start hurting my head and i'm not a freaking lawyer!!

Yeah thats exactly what I said. However don't disrupt this conversation with logic. It only incites flaming.

No, this is not the case.

The recently introduced Sinde Law is proof enough that Spanish legislation is not in keeping with American interests, as it stands. However, at this point in time I can download anything I like (films, games, porn, beta versions) and I will not be subject to criminal prosecution, providing I do not seek profit thereof. Sorry if that upsets you, but that's the way it is.

 

[TheMailMan78]

No, this is not the case.

The recently introduced Sinde Law is proof enough that Spanish legislation is not in keeping with American interests, as it stands. However, at this point in time I can download anything I like (films, games, porn, beta versions) and I will not be subject to criminal prosecution, providing I do not seek profit thereof. Sorry if that upsets you, but that's the way it is.

This is what your not getting. Unless its legal to own stolen property in your nation you are breaking the law.

 

[johnnyfiive]

It is completely, 100%, illegal to download ANY game under development (in the U.S. at least). Unless it is a alpha or beta where you're given access granted by the developers(Crytek, not EA). Why anyone thinks downloading the leaked Crysis 2 is perfectly legal makes no sense to me. Pirating is pirating, there is no grey area here, its fricking illegal.

 

[Mr McC]

This is what your not getting. Unless its legal to own stolen property in your nation you are breaking the law.

Again, it's Spain, not my nation and theft is an entirely different crime.

As someone who has been working for and within the Spanish judicial system for the last ten years, I feel that you are not willing to recognise the fact that anyone who downloads the leaked beta in Spain is not subject to criminal prosecution. Labels such as illegality matter little in such a context.

 

[TheMailMan78]

Again, it's Spain, not my nation and theft is an entirely different crime.

As someone who has been working for and within the Spanish judicial system for the last ten years, I feel that you are not willing to recognise the fact that anyone who downloads the leaked beta in Spain is not subject to criminal prosecution. Labels such as illegality matter little in such a context.

Its the EXACT same crime.

 

[Mr McC]

Its the EXACT same crime.

In a conversation in a bar, perhaps, but not in the eyes of the law, which is precisely what we are discussing: it is classified and sanctioned in an entirely different manner and I would suggest that this is the case in all legislations in all countries.

 

[qubit]

Its the EXACT same crime.

- It's an infringement, not a crime
- It's not 'stolen' as I explained a while back, because the creator still has the original copy. It's just that, a copy. The 'stolen' concept comes from powerful vested interests trying to stitch up the ordinary man
- It really isn't a crime or illegal in Spain, which is why the USA is trying to bend them to their will

 

[Over_Lord]

Ok then please who is getting comercial profit from playing this i really wanna know! LMFAO

not abt comm profit, it's abt the commercial loss that the producers are incurring because you're playing the pirated copy at home instead of buying and watching it

 

[the54thvoid]

Okay, i just read about Sinde Law. Slightly complex and to do with shutting down third party sites that offer 'free' downloads while advertising (and thus gaining revenue, making the site a profit making download site and then contravening Spanish not for profit download law.

McC is right. Spain do have a 'legal' download policy as long as it is not for profit. Sinde Law has been reported by Wikileaks to be drafted by the US Government as an excuse to shut down any site that 'might' be offering downloads. At the moment in Spanish Law, if a site is to be questionned it must go through certain protracted steps (protecting Spanish freedom of culture laws). Sinde Law would bypass this.

I have to say though, screw Spanish culture law. How on earth can it be fair that poeple can download games and music for free that artists, companies and designers have spent months or years working on? Let's face it, without revenue we would have no music, no art and no games.

As Run DMC said, 'when's the last time that love bought your clothes?'

- It's not 'stolen' as I explained a while back, because the creator still has the original copy. It's just that, a copy. The 'stolen' concept comes from powerful vested interests trying to stitch up the ordinary man

Bullshit. As above, people, hundreds of people need to get paid to design and develop games. Yes, cocksucking EA make money but the workers need to get paid by the money that games make. If we all pirated, people lose jobs and businesses go bust. This isn't Gene Rodenberry's commie utopia - this is a big nasty capitalist world and the keyboards we type on are bought by money we earn doing jobs. If your income stream was destroyed by piracy - you'd be well pised.

But. back on topic - in Spain it's legal but for the rest I'd say that we're breachinhg IP as I can guarantee Crysis 2 is intellectual rights are owned by someone and downloading it for free does not compensate the owner who has not given their permission for it to be downloaded.

I knew i shoud have not come back to this thread.

 

[qubit]

not abt comm profit, it's abt the commercial loss that the producers are incurring because you're playing the pirated copy at home instead of buying and watching it

That's just it, what commercial loss? Just because someone gets an illegal copy doesn't mean that they have lost a sale, does it? There's a good chance they wouldn't have bought the product anyway. It also helps drive interest in the product and can increase sales too if it's any good.

An excellent example of Black Ops. Pirated to hell and back, yet it's still making vast profits isn't it? You cannot say that the profits would have been even greater without piracy.

It's this "every download is a lost sale" BS that the RIAA is perpetuating to justify their intimidation and extortion of people like you and me in the name of squeezing ever greater profits.

 

[Mr McC]

Okay, i just read about Sinde Law. Slightly complex and to do with shutting down third party sites that offer 'free' downloads while advertising (and thus gaining revenue, making the site a profit making download site and then contravening Spanish not for profit download law.

McC is right. Spain do have a 'legal' download policy as long as it is not for profit. Sinde Law has been reported by Wikileaks to be drafted by the US Government as an excuse to shut down any site that 'might' be offering downloads. At the moment in Spanish Law, if a site is to be questionned it must go through certain protracted steps (protecting Spanish freedom of culture laws). Sinde Law would bypass this.

I have to say though, screw Spanish culture law. How on earth can it be fair that poeple can download games and music for free that artists, companies and designers have spent months or years working on? Let's face it, without revenue we would have no music, no art and no games.

As Run DMC said, 'when's the last time that love bought your clothes?'

A short aside:

Everbody who purchases a blank CD/DVD/tape etc pays a small surchage or "canon" to the SGAE for the purpose of offsetting any losses incurred by the "illegal" downloads. Interestingly, Brussels has recently called the legality of this surcharge into question as it brands us all as perpetrators without proof and is therefore unjust, in a similar manner to draconian DRM. Clearly it is not only Spain that is concerned about the ramifications of adopting legislation primarily designed to protect the interests of US corporations and often at the expense of the consumer.

 

[qubit]

Bullshit.

No it isn't. See post 86, explains why.

 

[erixx]

Nobody of us has downloaded this from Cryteks computers after breaking their security perimeter.... How did this become public? We don't know. Its on the public net now, for sure.
Sharing is not a crime as of today when not getting a profit, here in Spain.
We need whole new laws and not just follow the media corps pseudochurch bandwagon.

Of course there are things that are BAD in this world, anyone cares about landmines or drinking water businessification maybe? To just name something that is 'a bit' more important.

 

[the54thvoid]

No it isn't. See post 86, explains why.

No, see my look of 'huffiness'.

Piracy is wrong. And yes - the RIAA is dick.

But on reflection - something i can do - the OP point, is it illegal to dl Crysis 2 leaked version - no.

 

[qubit]

No, see my look of 'huffiness'.

Piracy is wrong. And yes - the RIAA is dick.

But on reflection - something i can do - the OP point, is it illegal to dl Crysis 2 leaked version - no.

You got a thanks just for the look of huffiness bit! Cracked me up, buddy.

It is illegal to download the leaked Crysis unfortunately though (not in Spain, if that's what you mean). As we all know, the law and what is actually right and wrong are rarely in sync.

 

[Over_Lord]

That's just it, what commercial loss? Just because someone gets an illegal copy doesn't mean that they have lost a sale, does it?

same way i can say they have lost a potential sale

see, if the game is a SP only, after enjoying the game, you ruddy hell ain't gonna buy it man..

 

[scaminatrix]

This isn't aimed at anyone specific, just a generallity:

I'm not reading through all of these pages, but I will say this:

It doesn't matter what the laws are in your country.

The first time play you the game, It loads up and you are faced with an EULA screen.
You click "Accept".
This EULA supercedes ALL THE LAWS IN YOUR COUNTRY. Once you click accept, you agree to enter into a legally binding contract between you and the companies mentioned in the EULA.

I suggest you read through the WHOLE of the EULA before even posting here.
If you haven't read through the EULA, then you have no idea what you're even posting about.

 

[Mr McC]

This isn't aimed at anyone specific, just a generallity:

I'm not reading through all of these pages, but I will say this:

It doesn't matter what the laws are in your country.

The first time play you the game, It loads up and you are faced with an EULA screen.
You click "Accept".
This EULA supercedes ALL THE LAWS IN YOUR COUNTRY. Once you click accept, you agree to enter into a legally binding contract between you and the companies mentioned in the EULA.

I suggest you read through the WHOLE of the EULA before even posting here.
If you haven't read through the EULA, then you have no idea what you're even posting about.

Beta's don't have EULA's.

 

[scaminatrix]

Beta's don't have EULA's.

Have you played it? Because this one does...

After the intro loading screen. You click accept once and it doesn't ask you again.

 

[Mr McC]

Have you played it? Because this one does...

After the intro loading screen. You click accept once and it doesn't ask you again.

No I haven't, because I haven't downloaded it and will not download it. Even if a EULA exists it relates to the finished commercial product and not the Beta. Moreover, how will they legally enforce it it I did download it, would they try to extradite me?

 

[TheMailMan78]

Have you played it? Because this one does...

After the intro loading screen. You click accept once and it doesn't ask you again.

The logic is defining. Anyway everyone keeps dodging the fact this is stolen property which I find very amusing.

 

[scaminatrix]

No I haven't, because I haven't downloaded it and will not download it. Even if a EULA exists it relates to the finished commercial product and not the Beta. Moreover, how will they legally enforce it it I did download it, would they try to extradite me?

It's got nothing to do with downloading it, it's playing it that enters you into the contract. Whether the game is finished or not, the EULA covers it. Once you enter into a contract with ANY company in the world, you agree to "standunder" them.

The logic is defining. Anyway everyone keeps dodging the fact this is stolen property which I find very amusing.

I'm not avoiding it. I'm fully aware that it's not illegal, it's just a breach of contract between anyone playing it and Crytek. And it's worse that way.
It's not stolen property in every conutry, but it is a breach of contract in every conuntry.

 

[cdawall]

is it illegal...EA is a big corp even if there is no legal precedents im sure EA lawyers could find some obscure law that has nothing to do with computers and charge you.

is it moral...this is up to the individual, i am buying the game so i see this as a try before you buy. Just like all the other beta's this one just isn't official

 

[TheMailMan78]

is it illegal...EA is a big corp even if there is no legal precedents im sure EA lawyers could find some obscure law that has nothing to do with computers and charge you.

is it moral...this is up to the individual, i am buying the game so i see this as a try before you buy. Just like all the other beta's this one just isn't official

Nothing obscure. You are breaking the law.