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inc09nito: 2) Then what about mods?
Mods usually add content and are in separate files. You don't need to replace or edit anything.
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inc09nito: I know that there is a lot of discussion on DRM, Steam, Intellectual Property, etc. going on GOG forums, but I don't think there is any separate thread with those specific questions:
1) Is downloading and using a crack for a game illegal?
2) Then what about uploading it to a website?
For most cracks, these two are automatically illegal in most developed countries because the cracks are usually the original game executable (and other files) which have been altered. Hence, they are still copyrighted material, so it is not that different from downloading or uploading the whole pirated game.

It would be different if "cracks" were non-copyrighted scripts or executables which would simply modify the original game files, but usually this is not the case AFAIK. Then the issue would be what many have already mentioned, ie. whether you are allowed to circumvent copy protections. I think quite usually it is that you can do it yourself, but you can't e.g. sell or distribute means to circumvent them. That is what killed e.g. the console modding companies from here several years ago, their services and utilities became illegal. Still, I think you are still allowed to buy a mod chip abroad for personal use, open up your console and do the needed soldering job yourself, if you can. Not 100% sure about that though, don't quote me on that.
Post edited March 06, 2012 by timppu
I must be living in a parallel universe, cause I can't comprehend how most people I talk with absolutely worship the sanctity of the EULA. It's... just... a.... code. No one is going to prosecute you if you crack your retail game. You bought it, have fun with it. If they cry mammoth tears, just remember it's because they respect and love you and want only the best for you.
This forum is starting to become a parody.
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Titanium: I must be living in a parallel universe, cause I can't comprehend how most people I talk with absolutely worship the sanctity of the EULA. It's... just... a.... code. No one is going to prosecute you if you crack your retail game.
No, but the fact that most cracks are copyrighted material will make it harder and harder to access such cracks, at least securely, as sites providing them will enter the same block lists as (other) pirate sites.

Also, considering how strict even the GOG staff is blocking any crack (help) discussions etc. indicates that some, ie. the publishers, care about the cracks...
Post edited March 06, 2012 by timppu
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Titanium: I must be living in a parallel universe, cause I can't comprehend how most people I talk with absolutely worship the sanctity of the EULA. It's... just... a.... code. No one is going to prosecute you if you crack your retail game. You bought it, have fun with it. If they cry mammoth tears, just remember it's because they respect and love you and want only the best for you.
We believe in the power of the law. ;)

The OP asked if cracking a game is illegal. Come on. The number of clear answers speak for themself.

You answer a completely different question and you're not even the first one to say so. Inevitably the thread will drift into the usual morale and piracy direction.

My guess: the number of people buying games and using cracks is much smaller than the number of people skipping the buying step.
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StingingVelvet: This forum is starting to become a parody.
Because of all the "Is X illegal?" topics?
I was just about to create a topic called "Is playing games illegal?", but I won't now that I know how you feel about it.
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inc09nito: 2) Then what about mods?
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nagytow: Mods usually add content and are in separate files. You don't need to replace or edit anything.
You have to edit something. Otherwise it wouldn't work.
But I guess it is different to edit configuration file prepared for the user than e.g. a binary file.
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Trilarion: My guess: the number of people buying games and using cracks is much smaller than the number of people skipping the buying step.
+1

I hardly ever try to locate any cracks for my games, if the original works just as well without one, especially as the cracks seem to be usually version-specific, many times only for the initial 1.0 version. Too much hassle for little benefit, not to mention the potential virus hazard.
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Trilarion: My guess: the number of people buying games and using cracks is much smaller than the number of people skipping the buying step.
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timppu: +1

I hardly ever try to locate any cracks for my games, if the original works just as well without one, especially as the cracks seem to be usually version-specific, many times only for the initial 1.0 version. Too much hassle for little benefit, not to mention the potential virus hazard.
I had every single game cracked that I had on discs. I hate swapping discs. But I thanks to digital distribution I have no more needs to crack anything, as I'm always online anyway.

Therefore I also think that the times of stand alone cracks are over. And pirated versions usually come already in a "precracked" package.
In the U.S., yes it is. The Millenium Copyright Act made it illegal. Other countries? I don't know.
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StingingVelvet: This forum is starting to become a parody.
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Smannesman: Because of all the "Is X illegal?" topics?
I was just about to create a topic called "Is playing games illegal?", but I won't now that I know how you feel about it.
I'm sorry if anyone feels irritated or annoyed. Of course no one forces anyone to read it or reply.
There were a few pretty exhaustive and straight-to-the-point answers, so I am happy that I learned something new. (Thank you guys!)
Actually it's a bad sign that I am reading about video games everyday and still do not know such basic stuff. Maybe it's just me, but I guess that gaming industry is in quite a messy condition. And all the discussions on GOG show it. Publishers are exploiting the law and so the consumers. How can a gamer or a company act fair (talking about DLCs, DRM, cracks, etc.) when no one actually knows what is fair or not?
We "vote with our wallets" you say many times. I agree, but isn't it a bit primitive? Shouldn't be there some kind of formal dialogue between gamers and companies? I don't know.. I'm just speaking my mind...
And remember: you don't want to discuss - you don't have to. You saw topic subject, it should be enough for you to decide...
Thanks for all the posts!
Post edited March 06, 2012 by inc09nito
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inc09nito: 1) Is downloading and using a crack for a game illegal?
Not if it is necessary to use the software properly, in German law.

http://dejure.org/gesetze/UrhG/69c.html
http://dejure.org/gesetze/UrhG/69d.html

It is by the way to note that since someone is allowed to crack legally bought games if this is the only way to use them, and since the rights owner is not allowed to forbid distribution of any games available in the EU in Germany (69c, 3, UrhG), it is perfectly legal to crack games that can't be activated on Steam due to the publisher's wish but that can be legally bought inside the EU. Here's looking at you, COD:MW2.
Well, I got myself a NA version gifted on Steam so I didn't run into that issue. But it is good to know what you're allowed to do. ;-)
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inc09nito: 2) Then what about uploading it to a website?
This is illegal if it includes copyrighted material or is aimed against copy protection.
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inc09nito: 3) And finally: what if someone learned how to do this on his own and cracked the game only on his machine without sharing it with anyone?
This is legal if it is necessary to run the legally bought software, otherwise illegal.


Laws in Sweden might be different, by the way.
Post edited March 06, 2012 by Protoss
It depends on the nutcracker. If it's not a brand name it is illegal. Only use the best nutcraackers to crack a game. Of course you'll have to burn it to a disc in order to crack it, but then you get shards of the CD everywhere. Take my advice, don't go through the trouble if you don't want to pick up pieces of Left 4 Dead 2 off your couch.
Legally? Pretty much around the world.

Morally??? Hahahahahahah no.