Enebias: That said... we don't want to let games that cannot be legally bought any more die, do we? Gems like NOLF, Blade of Darkness, GRID, Chronicles of Riddick and so many more... I am the first one to support full legality on everything, but in this cases one really wants to yell a big FU to capitalism and get them anyway. It is understandable.
HereForTheBeer: That's a grey area, but in this particular case (and some of those listed above), no.
The game was available on this site for at least 18 months (according to forum post dates), and customers could have purchased it then. "For whatever reasons, I didn't buy it when I had the opportunity" is not a valid reason to "yell a big FU to capitalism".
Well, it was removed without almost any warning and now is not available anymore anywhere else, *if* I am not wrong. (if it is avilabe anywhere else, then I AM wrong)
I don't check the site evry day, and I could have very easily missed it too, just because I cannot afford to buy every single game at release. For example, I have lost the last call of Chtulu and Death Gate, both wishlisted for later. How could anyone know they would have disappeared? Also, I discovered the existence of some games only after they were removed. Is it my fault because I didn't browse the entire catalogue 24/7?
Every game was available for some time, at some point. Following this reasoning, the only believable excuse would be not being born yet when the game was out and then removed from the market.
Mind me, what I'm saying applies
ONLY to something you cannot legally get anywhere. If I said the same for ARMA I would be a criminal, as the rights holder are known and the game is sold elsewhere.
Besides, I insult Capitalism any time I can, you (generic you) shouldn't even listen to my broken disc any more! :P
Still, licensing hell is imo a reson enough. Everyone fighting for crumbles like in a pighshed, preferring to annihilate the existence of a product rather than let someone else profit. Call me what you will, I may sound idiotic and unreasonable, but my vision of the world is VERY different. In my opinion, all humanity would gain if we stopped to compete and started to cooperate. For now we are all greedy and very short sighted. But that is off-topic and I will not say more.
Imo, when law works against people, well, to hell with that, it should be changed and not respected until it does. And I have a law degree. My private law professors would not be proud... but I never liked them anyway.
Law should always follow common sense. When nobody has benefits from a law, that law is like a noxious parasite, and as such must be removed, with good peace of all philosophic theories, ordinate systems and the lot.