Is downloading and playing the leaked Crysis 2 legal?

[entropy13]

Scary isn't it? Well, almost

"...entitled to an injunctive order, in addition to all other remedies available including a monetary award to prohibit such unauthorized use." (emphasis mine)

Don't forget that this is because they have been "irreparably damaged" by these acts.




If they truly were irreparably damaged they shouldn't have been able to make Crysis 2 in the first place.

 

[scaminatrix]

how are they getting my to germany the US is not going to extradite me to Germany over something like this for one i didn't violate any US laws.

Ah, but it's not to do with US laws. It's a contract that you entered into. It supercedes common law and takes you into the realms of statute law.
You will be SUMMONED to German court (in Legalese, SUMMONS in all caps means invite). If you don't attend, a judgement will be made in your absence and you will lose, and you will be dealt with under German Statute law (where they can impose an injuction even in your absence).

EDIT:
Just realised I voted wrong!!! I voted for it being illegal!!!
To set the record straight; IMO it's NOT ILLEGAL, but against the rules you agree to so can still be taken to court.

Another thing I wanted to say, don't take anything I say at face value, consider me a zero post bs-er. Look it up, and learn the difference between Common/Natural law (which applies to YOU) and Civil/Statute law (which apply to your PERSON, your LEGAL STATUS, where they can do nasty things to you) and contracts (like when a Police Officer asks for your name and address and you give it, like this Crysis case, it's an agreement that takes you into a legally binding contract).

Don't trust me just because my words look or sound good, research everything I say and you'll see how we're being shafted by Statues...

 

[streetfighter 2]

As I stated earlier, a EULA is not necessarily legally binding (unless you're in the 9th circuit) in the USA. The EULA may stipulate any terms it wants but if it violates any other extant rights or processes in the USA then those components can be brought to trial. If it were legally binding it would be called a "contract" and would require notarization (and still be subject to due process). EDIT: After further review it is a form of contract, but still subject to dispute/trial, and may lose contract status.

In this particular case the license is superfluous and the author's copyright is clearly asserted. Extradition rights are unfounded and completely irrational though the possibility of injunctive relief is undeniable.

If the ACTA passes I'm sure extradition, anal rape and torture will be perfectly legal when a suspect is accused of the most heinous of crimes, stealing software.

 

[scaminatrix]

As I stated earlier, a EULA is not necessarily legally binding (unless you're in the 9th circuit) in the USA. The EULA may stipulate any terms it wants but if it violates any other extant rights or processes in the USA then those components can be brought to trial. If it were legally binding it would be called a "contract" and would require notarization (and still be subject to due process). EDIT: After further review it is a form of contract, but still subject to dispute/trial, and may lose contract status.

IMO the way they get away with that is by saying "by accepting below, you agree to be bound by the terms and conditions of this agreement" (in all caps). Since it's in all caps, you can assume it's in Legalese, so I wouldn't chance it in court with the word bound in there.

In this particular case the license is superfluous and the author's copyright is clearly asserted. Extradition rights are unfounded and completely irrational though the possibility of injunctive relief is undeniable.
If the ACTA passes I'm sure extradition, anal rape and torture will be perfectly legal when a suspect is accused of the most heinous of crimes, stealing software.

Stealing software is the worst crime posible, isn't it?

 

[n-ster]

IMO the way they get away with that is by saying "by accepting below, you agree to be bound by the terms and conditions of this agreement" (in all caps). Since it's in all caps, you can assume it's in Legalese, so I wouldn't chance it in court with the word bound in there.



Stealing software is the worst crime posible, isn't it?

Stealing the Pentagon's firewall would probably be "launch nuclear missile" worthy

 

[erocker]

I don't understand why people feel they need to define themselves by the laws of their country?

 

[KainXS]

depends on where you live i guess not all countries are as hard as well . . . . . france on piracy

were in the middle here in the us if canada and spain are the best places if you wanna pirate.

The saddest thing now are that they're are lawyers suing people now by sitting on torrents and sending out letters blindly saying pay us or we'll sue you and the copyright owners don't see a penny of it, like what was in the news like a month ago with that douche in the uk, a big scam with both sides getting screwed.

 

[mjkmike]

This is TPU! Grow Up and pay the price.

 

[Mussels]

This is TPU! Grow Up and pay the price.

what price?

 

[mjkmike]

The price you pay. If from the store or from you're soul.

 

[Mussels]

The price you pay. If from the store or from you're soul.

well, i'll pay the price for the beta: nothing. since i cant buy it if i wanted to.

as for the soul aspect, well, i dont buy into that religious crap. so again, a sale price of zero. i'll pay that, gladly.

 

[DaveK]

well, i'll pay the price for the beta: nothing. since i cant buy it if i wanted to.

as for the soul aspect, well, i dont buy into that religious crap. so again, a sale price of zero. i'll pay that, gladly.

Word.

 

[johnspack]

I'm very poor, and even I won't dl this. It's obvious why this alpha was leaked. You can't buy PR like this. Boy did they get you all!

 

[phobias23]

from my point of view is illegal. plus this will overcome like a pain in the ass for all pc gamers.
Including those who support piracy, cuz EA maybe is thinking in cut most of the games that they produce release it for PC,btter anticraking and more f...... ideas. The only thing that remains for this is that Crysis 2 leak is to CRY!!! its full of bugs (AI/Loadings/graphics options/Phyxs).
Its better to support the companies cuz they are the ones who make those games,
then if you like download the cracked version, but dont fuck with them cuz at the end they fuck you!!!

 

[Mr McC]

from my point of view is illegal. plus this will overcome like a pain in the ass for all pc gamers.
Including those who support piracy, cuz EA maybe is thinking in cut most of the games that they produce release it for PC,btter anticraking and more f...... ideas. The only thing that remains for this is that Crysis 2 leak is to CRY!!! its full of bugs (AI/Loadings/graphics options/Phyxs).
Its better to support the companies cuz they are the ones who make those games,
then if you like download the cracked version, but dont fuck with them cuz at the end the fuck you!!!

I believe that this was intentionally leaked. However, I also believe you are correct to an extent: EA will indoubtedly use the download figures for the beta they intentionally leaked to bemoan the rampant piracy within pc gaming, calling for higher prices and more strigent DRM to offset the detriment occasioned to them. I don't blame the pirates when a company decides to take action that hurts its paying customers, I blame the companies.

 

[jpierce55]

It is very wrong. I hate piracy. You get songs/software for free..... and when you do you hurt all the honest people. The companies are not going to take a loss, they are going to put that loss on the honest customers. They also implement obnoxious security devices. How many games did securom screw up. Now you have companies requiring to to register online, or even be online to play. Some people have a problem with that, even if all don't, and some minority won't buy the games..... again that equals problems for the honest customers.

 

[Mr McC]

It is very wrong. I hate piracy. You get songs/software for free..... and when you do you hurt all the honest people. The companies are not going to take a loss, they are going to put that loss on the honest customers. They also implement obnoxious security devices. How many games did securom screw up. Now you have companies requiring to to register online, or even be online to play. Some people have a problem with that, even if all don't, and some minority won't buy the games..... again that equals problems for the honest customers.

What loss? Any games or songs downloaded without payment do not, under any circumstances, equate to a lost sale. Therein lies the fallacy of their argument.

 

[Deleted member 24505]

Personally, i have no problem with people who cant afford to buy a game playing a copy. People who can afford it should buy it.

Me personally, i dont like to waste money, so i will "try a game" if i like it, i will buy it,if i dont,i wont, and i wont play the trial copy either so the company loses nothing.

 

[ChewyBrownSuga]

Personally, i have no problem with people who cant afford to buy a game playing a copy. People who can afford it should buy it.

Me personally, i dont like to waste money, so i will "try a game" if i like it, i will buy it,if i dont,i wont, and i wont play the trial copy either so the company loses nothing.

personally, I do have a problem with people downloading and playing a game without paying. Gaming is a luxury and not a necessity, if someone steals a loaf of bread because they can't afford to eat, then I could understand where you're coming from. Why should I use my money to when other people aren't able or unwilling to?

What loss? Any games or songs downloaded without payment do not, under any circumstances, equate to a lost sale. Therein lies the fallacy of their argument.

I agree with you on the part with that a game or song download doesn't not equal a loss in sales. I've download games that I've lost the discs to but still have the activation codes to.
But lets be truthful if you download a new game the chances are that you have not payed for it and have not interest in paying for it. If you have not payed for something then you do not deserve it.

 

[Deleted member 24505]

I accept your opinion, but this is totally down to each persons morals and how honest they are on forums, people can say anything they want and protract any opinion they want on a forum.


I accept other peoples opinions but its not going to change mine. I was being honest, and this thread seems to be to post your opinion and not to judge others for theirs.


Plus it is human nature to take something for free whether it is needed or not. Anyone who says they have never commited a crime is either a bullshitter or a religous nut.

 

[Kreij]

This thread IS about opinions.
Here is mine ...
After almost 200 posts, once again the debate on whether downloading software without paying for it, for whatever reason, will never be resolved in a forum discussion.

Let's move on.