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Deleted member 5167

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Oct 25, 2017
3,114
Morally what you're doing is fine, but it's still legally dodgy, which is again, really dumb. It does highlight that this isn't a black and white issue

Yes, like I said before, like all real world laws it is a compromise solution and like all compromises nobody is entirely happy with how things stand.
But the number of people who seem to be demanding abolition of copyright is confounding., or that it exists only to screw them over somehow.
Copyright protects the work of creatives, and it protects the little guys just as much as it protects the giant corporations.
 
Oct 25, 2017
4,293
If you want to play Chrono Trigger, it is available for sale - right now - on the three largest gaming platforms;
https://itunes.apple.com/gb/app/chrono-trigger-upgrade-ver/id479431697?mt=8
https://play.google.com/store/apps/details?id=com.square_enix.android_googleplay.chrono&hl=en_GB
https://store.steampowered.com/app/613830/CHRONO_TRIGGER/

You cannot claim that nobody knows who owns the rights to Chrono Trigger. You cannot claim that nobody is missing out on a sale by not buying it. You cannot claim that it is being withheld from you in some manner.

If you believe you have some right to play the "superior" version - which on this console focussed forum is an absolute hypocrisy where the console versions of games are more than 'good enough' - and that because you can't buy the 'superior' version that means you are in some way entitled to not buy it at all, that is wrong.

If you want to pay the owers of Chrono Trigger what they are asking for what they are selling, and then download a ROM of the same game, YMMV on whether you find that okay.
But if you don't want to pay the price they're asking because reasons, you're just rationalising theft.

Are you having a hard time reading what I'm typing or what? I'm not talking about any version being superior, my examples were related to researching specific aspects of that particular version of the game. What are you even talking about? I'd love to see you inform someone like Durante or Christian Whitehead about how them reverse engineering aspects of old ROMs regardless of how they were acquired is morally reprehensible. Even fucking SEGA disagrees with you, seeing as how they hired Christian Whitehead on the basis of him being a fucking ROM hacker.

Again, the law literally disagrees with you about piracy being theft so you'll need to provide a very solid source on how piracy = theft right about now.

If you're not going to address a single one of my points, I'm done with talking to you. Have a nice day.
 

Bomblord

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Jan 11, 2018
6,390
The law you cited to me doesn't allow you to do that though, it just allows you to back it up in case your original version dies

Your still making a second copy of a work you don't have the right to replicate, and as the law professor I cited says, it's probably not going to be seen by the rights holder as legal

Then again, they're also not going to prosecute anyone doing that for personal use, because it doesn't cost them anything. It's a stupid law that when broken hurts no one

Morally what you're doing is fine, but it's still legally dodgy, which is again, really dumb. It does highlight that this isn't a black and white issue

Yea I get that your basically on my side just trying to say that the law doesn't say you can explicitly. I'm trying really hard to avoid just citing the law as justification here though which has led to a bit of rambling and knee jerk reactions on my part.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,015
UK
Legally? Of course not. Morally if it results in that person becoming an avid legitimate consumer when they can afford it? Huh????? Calling this "stealing" is incredibly disingenuous because literally nothing is being lost by anyone in this case. Stealing by definition requires something to be removed from someone. There's a reason the law actually refers to it as "piracy" and "copyright infringement" rather than "stealing". All you're doing is spreading bullshit propaganda by using that word in this context. The literal law disagrees with you.

This kind of argument undermine any legitimate discussion on the issue because, well, you're wrong

You can't steal something because you can't afford it with an moral IOU that you will return later and buy all their games

I'm not saying people don't pirate games and then end up buying them later, I'm sure that does happen, but legally and morally that is still stealing

We should be fighting to get the best possible versions of old games on sale on PC and modern systems so they can be accessed and enjoyed by those who pay the rights holder for doing so, and in pretty much every case I'm aware of, when older games have been put on sale they have been sold at a reasonable price

Most rare PS1 and SNES games that were added to PSN and the eShop were priced at under £10, which is more than reasonable
 
Oct 25, 2017
4,293
This kind of argument undermine any legitimate discussion on the issue because, well, you're wrong

You can't steal something because you can't afford it with an moral IOU that you will return later and buy all their games

I'm not saying people don't pirate games and then end up buying them later, I'm sure that does happen, but legally and morally that is still stealing

We should be fighting to get the best possible versions of old games on sale on PC and modern systems so they can be accessed and enjoyed by those who pay the rights holder for doing so, and in pretty much every case I'm aware of, when older games have been put on sale they have been sold at a reasonable price

Most rare PS1 and SNES games that were added to PSN and the eShop were priced at under £10, which is more than reasonable

Again, your entire argument is based on something being "stolen". The law disagrees. I don't need to justify stealing with a moral IOU because it's literally not stealing. If it was, do you honestly think that US lawmakers wouldn't straight-up simply define it as stealing in an instant? The only reason they haven't is because they can't - because it's not stealing. You people saying it is doesn't magically transform the legal definition of words. It's pure propaganda.
 
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Razor Mom

Member
Jan 2, 2018
2,546
United Kingdom
Being poor does not make it okay to steal.
latest


Edit: I'm not advocating theft, but Christ have some perspective.
 
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Bulebule

Member
Oct 27, 2017
1,803
It is weird that there are accusations that you are "stealing" when there is absolutely nothing to steal in the first place. Stealing would be a correct term if we are talking something physical and digitally it would only make sense if you'd take someone's work to make some kind of profit in a way or another claiming you are the real owner.

There are bunch of rare titles that people cannot play, because developers/publishers aren't willing to A) sell it digitally (which would make sense if there were copyright issues like with Disney-licensed games B) make physical copies anymore, because of unsure about demand (so the option A would be more feasible). So the only option is either purchase most likely an overpriced physical copy from a third party so no money would go to developer/publisher anyway where the price varies if there is a game box and manual included.

Besides, it is not entitlement if you are willing to try something based on your hobby. Playing it on emulator cannot produce a 100 % authentic experience anyway. It is no different than enjoying when looking a painting of Mona Lisa in a digital form. Original is still there where it belongs and people are willing to pay to view it in real life (because it is not for sale, but still commmercially available for a certain moment). You can still look at the painting in Google search and even save the image to your computer. Is that stealing?

I agree with the fact that if it is commercially available via official sources, then piracy is bad and should be acted upon. But if there is no commercially available mean to play some games that I might like, then you call it entitlement when I want to try it out. Selfish? Maybe. Entitlement? No. Law might be law, but you need to still be able to use your common sense in certain situations.
 

Deleted member 5167

User requested account closure
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Oct 25, 2017
3,114
Are you having a hard time reading what I'm typing or what? I'm not talking about any version being superior, my examples were related to researching specific aspects of that particular version of the game. What are you even talking about? I'd love to see you inform someone like Durante or Christian Whitehead about how them reverse engineering aspects of old ROMs regardless of how they were acquired is morally reprehensible. Even fucking SEGA disagrees with you, seeing as how they hired Christian Whitehead on the basis of him being a fucking ROM hacker.

Again, the law literally disagrees with you about piracy being theft so you'll need to provide a very solid source on how piracy = theft right about now.

If you're not going to address a single one of my points, I'm done with talking to you. Have a nice day.

Your "points" are trash and there is nothing to discuss.
You are saying piracy is not stealing, even though the exact example you fucking provided is a clear cut case where you can buy a game on modern hardware on modern digital distribution platforms directly from the licence owner, but have decided that you do not have to because reasons. You are literally denying a sale.
If you don't own Chrono Trigger and want to play Chrono Trigger, just fucking buy it. If you can't / won't buy it, just live with it being one of the thousands of games in existence that you don't play.
 

Jebusman

Member
Oct 27, 2017
4,081
Halifax, NS
Again, your entire argument is based on something being "stolen". The law disagrees. I don't need to justify stealing with a moral IOU because it's literally not stealing.

I mean if you're trying to win on a semantic argument (and trust me I've gone down that road before) you don't have much leg to stand on. People using the word "steal" is because it's a quicker shorthand than constantly writing "infringing on someone's copyright".

It doesn't really matter why you want to use the SNES version of Chrono Trigger, you are infringing on Square's copyright by downloading a copy of it. At the very least, if you own the physical cartridge, you can make the argument of format shifting it, and even then the law is murky on it.

There was nothing stopping Taxman and Stealth and the rest of the Sonic scene people from having and dumping their own carts. You can do that, and still do the work they did reverse engineering them. Actively having to pirate copies of these games wasn't a requirement to do so.
 
Oct 25, 2017
4,293
I mean if you're trying to win on a semantic argument (and trust me I've gone down that road before) you don't have much leg to stand on. People using the word "steal" is because it's a quicker shorthand than constantly writing "infringing on someone's copyright".

It doesn't really matter why you want to use the SNES version of Chrono Trigger, you are infringing on Square's copyright by downloading a copy of it. At the very least, if you own the physical cartridge, you can make the argument of format shifting it, and even then the law is murky on it.

No, people are using that word because it is the only way they can assert a moral righteousness in this case. It's not a semantic argument, it's a legal one. Stop trying to spin the debate by lying. There is a huge difference between copyright infringement and stealing in both legal and moral terms. Every argument I've seen in response to my posts has been SOLELY based on piracy being equal to theft. What else am I supposed to argue against when that is literally the only argument being put forward and it is a complete lie?

Again, legally you are indeed infringing on their copyright under current copyright laws. I never questioned that. I was talking about the moral implications of that and anyone would be VERY hard pressed arguing for it being morally wrong in the scenario I described UNLESS they equate piracy to literal theft. It's not a semantic tool at that point, it is the entire premise of their argument.

Your "points" are trash and there is nothing to discuss.
You are saying piracy is not stealing, even though the exact example you fucking provided is a clear cut case where you can buy a game on modern hardware on modern digital distribution platforms directly from the licence owner, but have decided that you do not have to because reasons. You are literally denying a sale.
If you don't own Chrono Trigger and want to play Chrono Trigger, just fucking buy it. If you can't / won't buy it, just live with it being one of the thousands of games in existence that you don't play.

This is the last reply you'll get out of me because you are clearly arguing in bad faith and have no interest in discussing anything that doesn't automatically serve your own argument, but I'd like to clarify my take on the last point in your post:

There is no way for anyone to buy SNES Chrono Trigger in any way that means their money goes to Square Enix. End of story.
 

Razor Mom

Member
Jan 2, 2018
2,546
United Kingdom
There are bunch of rare titles that people cannot play, because developers/publishers aren't willing to A) sell it digitally (which would make sense if there were copyright issues like with Disney-licensed games B) make physical copies anymore, because of unsure about demand (so the option A would be more feasible). So the only option is either purchase most likely an overpriced physical copy from a third party so no money would go to developer/publisher anyway where the price varies if there is a game box and manual included...

...Law might be law, but you need to still be able to use your common sense in certain situations.

This. People defending this kind of stuff keep failing to articulate who they're protecting, because it sure as hell isn't the creator. I can only assume that lawfulness takes precedence over situational understanding.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,015
UK
Yes, like I said before, like all real world laws it is a compromise solution and like all compromises nobody is entirely happy with how things stand.
But the number of people who seem to be demanding abolition of copyright is confounding., or that it exists only to screw them over somehow.
Copyright protects the work of creatives, and it protects the little guys just as much as it protects the giant corporations.

Yeah, and I don't agree with the people who want to steal games just because (like the Chrono Trigger guy, the fuck is up with that?) but I have sympathy for people who have to miss out on games like Lufia 2 or some of the fan translated JRPGs that never made it to the west because rights holders can't be arsed to sell their old games. If someone does go and download Lufia 2, I don't approve of that, but at the same time I don't think that person is an asshole who is trying to rip someone off and get out of paying for something

Yea I get that your basically on my side just trying to say that the law doesn't say you can explicitly. I'm trying really hard to avoid just citing the law as justification here though which has led to a bit of rambling and knee jerk reactions on my part.

Yeah and that's the point, the law isn't clear and so everyone who is saying it's 100% this or 100% that isn't engaging with the actual debate. To some, ripping your own ROMs is piracy, to others it's fine, the law isn't clear to which one of these is right

Downloading Lufia 2 is illegal but I doubt anyone is going to go after people who do, nor do I think the rights holder will suffer at all, but that doesn't mean they should download it. Morally I would probably say it's fine, but the law is the law and you can't waive away all copyright law because it sucks on one occasion. You can lobby for better laws, with more nuance, or you can lobby the rights holders to sell the stuff people want. What you can't do, legally, is pirate games
 

Deleted member 5167

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Oct 25, 2017
3,114
I was talking about the moral implications of that and anyone would be VERY hard pressed arguing for it being morally wrong in the scenario I described UNLESS they equate piracy to literal theft. It's not a semantic tool at that point, it is the entire premise of their argument.

"I don't want to pay someone for the service they provided me because reasons" is actually a pretty clear cut case where you're in the wrong.
 

Bomblord

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Jan 11, 2018
6,390
Again, your entire argument is based on something being "stolen". The law disagrees. I don't need to justify stealing with a moral IOU because it's literally not stealing.

You can use whatever term you want but if you can purchase a game (in that it is possible for you to obtain it in a legitimate manner preferably one that benefits the rights owner) and then don't. Instead choosing to download an unpaid for copy that hasn't been made available by those rights owners then you are not in the right. The idea that I can't point to the guy who now has 1 less copy of the game has no bearing on this.
 
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ethomaz

Banned
Oct 25, 2017
4,851
Santa Albertina
That is what it should happens.

They can continue with everything related to emulation that even being weird it is not illegal to talk and discuss about the subject.
But share ROM that didn't pass the time be free from any company is bad... so it is a good thing that what is right is finally happening here.

Said that I think the companies could create their own ROM and sell it at cheap price to be played in community emulators... I think it is the best way to the big companies support the emulation without the gamers have to go on illegal ways to use it.
 
Oct 25, 2017
4,293
Oh yay semantics

You can use whatever term you want but if you can purchase a game (in that it is possible for you to obtain it in a legitimate manner preferably one that benefits the rights owner) and then don't. Instead choosing to download an unpaid for copy that hasn't been made available by those rights owners then you are not in the right. The idea that because I can't point to the guy who now has 1 less copy of the game has no bearing on this.

Nope, not semantics. Legal definitions. Read my other posts and reply again, please - because I think that you are making good points in this thread and would like to hear your take on it.

My point is that you CAN'T use whatever term you want for it, because the only way to justify a staunch anti-piracy moral stance regardless of context IS to convince people that something is literally being stolen, which it is not by any logical or legal definition. Do you disagree? Take a look around these past few pages: every single post arguing against this is basing their entire argument on it being theft. That's why I'm raising that point. I don't give a fuck about semantics.

Again, I don't care about Chrono Trigger, I'm just using it as an example; but there are valid reasons for someone to want to play the specific version that is NOT currently being sold by the copyright holder. Some games just aren't being sold at all which makes the argument even more irrelevant, but even when it comes to version differences I think the point applies. Consider this; games on the App Store automatically get patched and you lose access to earlier versions of said game. In certain cases, these versions are honestly completely different games when you compare the side-by-side. So, what access aside from piracy could someone interested in either playing or even more so analyzing have to those games at that point? This is not a hypothetical or semantic argument, there are fucking GAME DEVELOPERS out there literally doing this. Are they thieves according to you?
 

oni-link

tag reference no one gets
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Oct 25, 2017
16,015
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This feels like such an odd way to view things to me, but to each their own.

Why? There are lots of things where the law and morality don't align

It's legal for a 60 year old to marry a 16 year old girl, 100% legal, but moral? Maybe not

It's legal for companies to dump huge amounts of waste and shift wealth upwards, fucking up the planet and putting the squeeze on those with lower incomes and pushing people in poverty, legal, absolutely, moral? Probably not

I'm not saying those issues are on a par with downloading ROMs, obviously
 

Jebusman

Member
Oct 27, 2017
4,081
Halifax, NS
No, people are using that word because it is the only way they can assert a moral righteousness in this case. It's not a semantic argument, it's a legal one. Stop trying to spin the debate by lying. There is a huge difference between copyright infringement and stealing in both legal and moral terms. Every argument I've seen in response to my posts has been SOLELY based on piracy being equal to theft. What else am I supposed to argue against when that is literally the only argument being put forward and it is a complete lie?

Again, legally you are indeed infringing on their copyright under current copyright laws. I never questioned that. I was talking about the moral implications of that and anyone would be VERY hard pressed arguing for it being morally wrong in the scenario I described UNLESS they equate piracy to literal theft. It's not a semantic tool at that point, it is the entire premise of their argument.

As pointed out to you, Chrono Trigger is in fact, still being sold right now.

It doesn't matter if you don't like the method in which it's being sold, and would rather download the version you WANT to use, the copyright holder had laid out for you the means in which it wants to distribute that game, and outside of the used market, those are the methods in which you can obtain it.

So if you're like "but I want to play around with the SNES version, I'll just download that", you are circumventing the official means to obtain the product from the copyright holder without paying for it. Again, your "purpose" for doing so is meaningless. Your desire for it being in a certain "format" is meaningless. It's just a roundabout way of trying to justify an act of piracy. At the very least, if you bought one of the many available copies of Chrono Trigger and argued "look I gave money to Square" then went and downloaded the SNES copy, you're still in the wrong but at least you can argue you're trying to give them your money.

Companies releasing retro games that are essentially just emulated should be better at actually providing access to the rom once you've purchased it (as Sega has done), but until then, if the only legal means to obtain a copy of the game is in an undesireable format, tough luck. That's what you get.

Again, I don't care about Chrono Trigger, I'm just using it as an example; but there are valid reasons for someone to want to play the specific version that is NOT currently being sold by the copyright holder. Some games just aren't being sold at all which makes the argument even more irrelevant, but even when it comes to version differences I think the point applies. Consider this; games on the App Store automatically get patched and you lose access to earlier versions of said game. In certain cases, these versions are honestly completely different games when you compare the side-by-side. So, what access aside from piracy could someone interested in either playing or even more so analyzing have to those games at that point? This is not a hypothetical or semantic argument, there are fucking GAME DEVELOPERS out there literally doing this. Are they thieves according to you?

Do these devs "own" those games that have been patched? Because if you're trying to argue that someone downloading a lower patched version of a game they already own on that very platform is comparable to this situation, I feel you've lost the plot.

There's a difference between "I want to compare version 2 of this game on the iPhone and version 3 of this game on the iPhone" versus "I want to compare the SNES version of Chrono Trigger to the Steam version of Chrono Trigger".

One of those is arguably the same game at either point (iPhone) but the other are two entirely separate games that carried their own separate copyright. You bought one, it doesn't magically entitle you to the other (aside from situations like, again, Sega, where it's being straight emulated and they even provide easy access to the rom).

No one in their right mind would argue "I don't want to buy the DVD/Bluray/4K version of Blade Runner because I prefer the VHS version, so I'm just going to pirate that because it's not available anymore in that format so it's okay".
 
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Solrac

Member
Nov 4, 2017
243
so now if i want to play some old games that aren't available to play on current systems, i have to "buy" that game ( if i find it and a what price), a super used and almost broken old console, same thing for the TV CRT, and some people this defending this... sigh
 

Deleted member 5167

User requested account closure
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Oct 25, 2017
3,114
Yeah, and I don't agree with the people who want to steal games just because (like the Chrono Trigger guy, the fuck is up with that?) but I have sympathy for people who have to miss out on games like Lufia 2 or some of the fan translated JRPGs that never made it to the west because rights holders can't be arsed to sell their old games. If someone does go and download Lufia 2, I don't approve of that, but at the same time I don't think that person is an asshole who is trying to rip someone off and get out of paying for something

Sure, emulation is by its very nature a grey area.
But people working in grey areas are aware that they are in the grey, and should understand the consequences of that.
If you're working in a grey area and people exert the rights that they have to stop that, the correct response is "Yeah, fair cop I guess". Not "What? Go fuck yourselves!"

e:
This is the last reply you'll get out of me because you are clearly arguing in bad faith and have no interest in discussing anything that doesn't automatically serve your own argument, but I'd like to clarify my take on the last point in your post:

There is no way for anyone to buy SNES Chrono Trigger in any way that means their money goes to Square Enix. End of story.

"Bad faith" means I don't believe what I am saying, not that you do not have the capacity to refute the argument presented.
Chrono Trigger is a commercially available product. The fact that you - for completely fucking arbitrary reasons - want specifically the SNES version doesn't change that.
 
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Razor Mom

Member
Jan 2, 2018
2,546
United Kingdom
Why? There are lots of things where the law and morality don't align

It's legal for a 60 year old to marry a 16 year old girl, 100% legal, but moral? Maybe not

It's legal for companies to dump huge amounts of waste and shift wealth upwards, fucking up the planet and putting the squeeze on those with lower incomes and pushing people in poverty, legal, absolutely, moral? Probably not

I'm not saying those issues are on a par with downloading ROMs, obviously

You failed to mention any situations where something is moral but not legal (which is what we're discussing) like euthanasia, but we're getting off topic.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,015
UK
Sure, emulation is by its very nature a grey area.
But people working in grey areas are aware that they are in the grey, and should understand the consequences of that.
If you're working in a grey area and people exert the rights that they have to stop that, the correct response is "Yeah, fair cop I guess". Not "What? Go fuck yourselves!"

Yeah, and I've not actually said I lament the fall of this website, which I didn't even know about until this thread

Knowing a little more about it, it probably is a shame, but at the same time, if you offer free games you don't have the rights to then expect people to shut you down

I doubt if they only hosted games people wanted to play, but the rights holders don't seem to care about (Lufia 2, Terranigma etc) it probably wouldn't have been worth anyones time to shut them down
 

Bomblord

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Banned
Jan 11, 2018
6,390
Nope, not semantics. Legal definitions. Read my other posts and reply again, please - because I think that you are making good points in this thread and would like to hear your take on it.

My point is that you CAN'T use whatever term you want for it, because the only way to justify a staunch anti-piracy moral stance regardless of context IS to convince people that something is literally being stolen, which it is not by any logical or legal definition. Do you disagree?

Again, I don't care about Chrono Trigger, I'm just using it as an example; but there are valid reasons for someone to want to play the specific version that is NOT currently being sold by the copyright holder. Some games just aren't being sold at all which makes the argument even more irrelevant, but even when it comes to version differences I think the point applies. Consider this; games on the App Store automatically get patched and you lose access to earlier versions of said game. In certain cases, these versions are honestly completely different games when you compare the side-by-side. So, what access aside from piracy could someone interested in either playing or even more so analyzing have to those games at that point? This is not a hypothetical or semantic argument, there are fucking GAME DEVELOPERS out there literally doing this. Are they thieves according to you?

I'm not using the word thief as you're eloquent argument against the term has been heard and noted. My argument is if you can obtain a legitimate copy of a game and instead choose to pirate it that is wrong. I've discussed earlier in the thread downloading games who a normal consumer has no means of obtaining a legitimate copy of (go for it but I'm personally going to stick to the law in this case) and argued staunchly in favor of a users ability to resell their own games (Used games are not the same as pirating so let's not try to equate the two).

As for academic study of a game, The use case I and (I assume) everyone else here is arguing against piracy for (playing games for enjoyment) is not the same as an academic study of it. I've advocated briefly earlier in this thread for libraries to have the ability to store and archive out of print games for such purposes. As for the game developers doing it (pirating) I really have no issue with the rights holders to a game obtaining a copy of that game through those means as they well.... own the IP, code, and everything associated with it.
 
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Oct 25, 2017
4,293
I've listed why someone would need access to the SNES version. But again, I don't care about Chrono Trigger, that's not the point. Versions of games are more or less different games depending on lots of factors. There are valid reasons for someone wanting a particular version of a particular game. That's all I'm saying. What Square Enix wants doesn't matter if they're not providing what that person needs.

Of course the purpose is not meaningless: The reason we have Sonic 1, 2, CD and Mania ported to modern systems with full widescreen support and extra features is because someone did LITERALLY what I am discribing and got hired for it. Is getting three actual remakes and a completely new fantastic game because of this exact practice suddenly meaningless to you? That's insane. Having access to and being able to hack original ROMs (when not obtainable by legal means) of games is incredibly important and the only reason some of that stuff exists. A lot of popular game developers out there right now got started by hacking illegally downloaded ROMs simply because there was no other way to get a hold of that stuff. It's not a roundabout way to justify anything, it's an example where piracy has literally led to positive things where some people ITT are trying to argue that there are only downsides to piracy regardless of context, which is utter BS. Of course there are problems with piracy. Many formats (Amiga, anyone?) have literally had their companies go bankrupt over it - no one, especially not me, is denying that. You can certainly argue that piracy does more harm than it does good, I have no problem with that assertion. It doesn't mean that you get to lie about the definition of theft just to enable taking a zealous standpoint against every single situation relating to piracy.

Either way I think most of us (except Dr Wily because mamma mia) agree on all of these points overall. I think the optimal solution would indeed be getting access to a pure legitimate ROM whenever you purchase a digital re-issue of a retro game. If that happened, I would hope to be the first one posting the thread, championing that publisher as goddamn heroes and buying the shit out of every single thing they ever release out of respect for them.

On your last point; I literally wrote that exact same thing earlier lol. From a legal standpoint, until either the law changes or ROMs being available for legitimate purchase, you're shit out of luck if you aren't comfortable with breaking the law. That is, indeed, what you get. Now, I don't think it should be and I don't think any of us should be taking that lying down - but it is what it is and I encourage people to go out there and get these laws changed. Admittedly a herculean effort, to be sure.

Do these devs "own" those games that have been patched? Because if you're trying to argue that someone downloading a lower patched version of a game they already own on that very platform is comparable to this situation, I feel you've lost the plot.

There's a difference between "I want to compare version 2 of this game on the iPhone and version 3 of this game on the iPhone" versus "I want to compare the SNES version of Chrono Trigger to the Steam version of Chrono Trigger".

One of those is arguably the same game at either point (iPhone) but the other are two entirely separate games that carried their own separate copyright. You bought one, it doesn't magically entitle you to the other (aside from situations like, again, Sega, where it's being straight emulated and they even provide easy access to the rom).

No one in their right mind would argue "I don't want to buy the DVD/Bluray/4K version of Blade Runner because I prefer the VHS version, so I'm just going to pirate that because it's not available anymore in that format so it's okay".

I mean, presumably, the person in my scenario might just as well own every single other version of Chrono Trigger? I never stated otherwise. Does that suddenly make it acceptable to break the law according to you? Because they still would be, thus the comparison to patched mobile games stands at least from a moral if not legally technical perspective.

I honestly don't understand what the difference is? Again, legally I know exactly what you are talking about and have no qualms with any of your statements. That's not what I'm arguing about though. It is quite literally the same as a patched iPhone game from a moral standpoint within the confines of this argument.

I will concede to your last point; I agree that pirating an upgraded release on the basis of owning the old one is morally wrong, logically speaking. However, my argument is based on the premise of the original version not being available for purchase - which is very different from that scenario.

Anyway thanks for your reply, I appreciate a genuine good faith response after some of the other exchanges ITT.

I'm not using the word thief as you're eloquent argument against the term has been heard and noted. My argument is if you can obtain a legitimate copy of a game and instead choose to pirate it that is wrong. I've discussed earlier in the thread downloading games who a normal consumer has no means of obtaining a legitimate copy of (go for it but I'm personally going to stick to the law in this case) and argued staunchly in favor of a users ability to resell their own games (Used games are not the same as pirating so let's not try to equate the two).

As for academic study of a game, The use case I and (I assume) everyone else here is arguing against piracy for (playing games for enjoyment) is not the same as an academic study of it. I've advocated briefly earlier in this thread for libraries to have the ability to store and archive out of print games for such purposes. As for the game developers doing it (pirating) I really have no issue with the rights holders to a game obtaining a copy of that game through those means as they well.... own the IP, code, and everything associated with it.

Appreciated. That was all I was trying to say about how words are being used in this context. Again, I agree with you - but the argument is based on the question of what constitutes as a copy of the game? If someone requires access to a specific version of said game, having access to a different version under the same title is useless to them. There are both valid and morally reprehensible reasons for feeling like that - I'm well aware, but I think ignoring the valid reasons is pretty harmful to the continued development, mentorship and maintenance of this industry. People like Rami, Warren and other highly qualified developers apparently agree with me, not that I'm basing my argument on appeal to authority, but they are examples of relevant people who do indeed hold these views for a legitimate reason. I also don't think we should equate used games with piracy, so excuse me if that's how my argument came across. I was merely using it to debunk the idea that piracy is wrong SOLELY because money doesn't go directly to the creators (and this is even ignoring injustice in terms of distribution of profit between publishers and the people actually creating the games, but that's too broad a topic for the scope of this thread.)

Once again, we completely agree here. I wish we lived in a world where either the law allowed cases like these under fair use or we had access to well-maintained academic libraries (though in many of these cases the ROM hacking wasn't even academic in nature yet still incredibly useful to this industry, so the argument doesn't end there) and companies were willing to provide source code (now THAT would be something we could all rejoice over). Just to clarify, Christian Whitehead (presumably) pirated the ROMs he hacked long before he was hired by SEGA. The ROMs were never provided to him by them until AFTER they decided to hire him based on his work via (again, presumably) initially illegal means.

My core argument ITT is honestly just that trying to paint piracy as something exclusively abhorrent that is unacceptable under any and all circumstance is incredibly foolish and completely ignores the reality of what is actually happening in our industry. Nintendo themselves published an illegally downloaded ROM FFS, presumably because they couldn't (or couldn't be arsed to, compare that to consumers being asked to jump through hoops in the same cases) find their own ROMs. People conveniently ignore that and hand-wave it as irrelevant when the reality might very well be that even a company like Nintendo has to rely on illegally distributed ROMs to provide further access and renewed life and interest to some of these games.
 
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Razor Mom

Member
Jan 2, 2018
2,546
United Kingdom
I've discussed earlier in the thread downloading games who a normal consumer has no means of obtaining a legitimate copy of (go for it but I'm personally going to stick to the law int his case) and argued staunchly in favor of a users ability to resell their own games (Used games are not the same as pirating so let's not try to equate the two).

Normal consumers don't spend hundreds of dollars on a single game from an eBay scalper.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,015
UK
I reread your post, you mentioned marriage (legal, not moral) and waste dumping (legal, not moral).

I know, you were right, I used both those examples, but you then used euthanasia, which is moral but not legal, so my point (which was not everything moral and legal marry up) works both ways, some things are moral and not legal, and some things are legal and not moral

I think downloading a ROM of a game not being sold and with no way to pay the rights holder, is morally fine, as no one is being harmed, however it's still illegal and therefore can't be condoned, so the best course of action would be to lobby the publisher/rights holder to sell the title, or lobby for laws that allow this to be legal if the rights holder can't be arsed to sell the game
 

Bomblord

Self-requested ban
Banned
Jan 11, 2018
6,390
It's probably feeling like déjà vu because you never managed to articulate where reasonable means actually ends.

Because that is different for almost every person alive. Income, age, social status, and country of origin could all be factors here. However, I'm going venture to say the average person living in a first world country can afford 300 Dollars if they really want a specific game. And I don't really think Lufia II is an essential human right to the point is should be made freely and fully available with no limitations to all people the world over. I can see an argument for libraries keeping out of print games for rental though.

Edit: I also understand things entering the public domain and the need for it but gaming is so young that even if the games entered it before the death of creator the vast majority of games wouldn't be there. I completely understand that if a work is orphaned, the right holding studio long defunct, and/or you can't purchase it on any modern storefront that it should be in the public domain early but I'm personally going to stick to the law in what I do in that case and hope it changes. I'm not going to try to impede you though.
 
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Psamtik

Member
Oct 27, 2017
6,848
The preservation problem isn't unique to video games, even it's equally unfortunate in other media. There are so many films that only ever got released on Laserdisc, or VHS, or DVD, or Betamax, and unless a specialist label like Vinegar Syndrome picks them up, they'll only get more difficult to see over the years (to say nothing of the countless films lost forever to decayed negatives or fires). The difference is that nobody can realistically download a full set of movie releases, so everyone just sort of accepts that they'll never be able to compile the whole history of the medium.
 

Griffith

Banned
Oct 27, 2017
5,585
It's a shame that with today's technology most of the games ever developed are still inaccessible to most people. Books, movies and music become increasingly more accessible with rereleases, compilations, budget sales but with games, at some point a lot of them cease to exist.

I can't fault a company for trying to protect its intellectual property, but I can fault them for not allowing users to access or play most of their classic titles.
 

Jebusman

Member
Oct 27, 2017
4,081
Halifax, NS
TyrantGuardian You keep conflating the act of reverse engineering the old Sonic roms with the idea that they MUST'VE been obtained illegally, when at best they were likely obtained from people dumping their own carts, a quasi-legal area. This isn't the argument anyone is making, and you're being the disingenuous one constantly bringing that up. You're the one that is constantly painting everyone with a broad brush of being anti-piracy zealots, when we're making it clear what our stance is, in accordance with the rules of this forum which I'm pretty sure are against advocating piracy.

I've listed why someone would need access to the SNES version. But again, I don't care about Chrono Trigger, that's not the point. Versions of games are more or less different games depending on lots of factors. There are valid reasons for someone wanting a particular version of a particular game. That's all I'm saying. What Square Enix wants doesn't matter if they're not providing what that person needs.

This is literally justifying piracy. None of the reasons you listed are "valid". Wanting to do something doesn't magically made it "valid". No one actually "needs" access to the SNES version. They "want" access to the SNES version, and wants have no legal ground to stand on.

A version 2 of a game and a version 3 of the same game, on the same platform, are in no way similar to 2 entirely separate releases on two entirely different platforms.

Conflating "version" this way is more dishonest than the "piracy=theft" semantic debate.

You don't get to end a post with "Look I know you're breaking the law" when you just laid out all the reasons why people shouldn't care that they broke the law. Especially when using a game that is still commercially available as your example.

I get you on the stuff that literally is unobtainable via any other means, or whose legal ownership is up in the air due to the 30+ years it's been since some of these games came out, and the many company acquisitions and closures that have happened since then.

But your prime two examples, SNES Chrono Trigger and the Genesis Sonic roms, neither of those actually "require" piracy to do what you're saying people have done.

Anyway thanks for your reply, I appreciate a genuine good faith response after some of the other exchanges ITT.

Admittedly I'm coming across a little harsh and I don't mean to, I was an admin at a ROM site years ago, I've been on the other side of all this. The fact that I was able to obtain that position in high school is a testament to how these ROM sites run (aka, it's a bunch of entitled children and crooks who just want to pirate stuff). So I've come around a lot in the years since then.

I'm all for the preservation angle of this stuff, I just don't think Emuparadise was a shining beacon of that. Private trackers that maintain full NoIntro style rips and stuff like that, those are the "preservationists" of the ROM world. Whoever the fuck maintains a complete MAME set at any given time, and is constantly updating it as new roms are being dumped or older roms are redumped and updated, those are the people making sure there is an archive of this stuff. Sure it may not be easily accessible to the average individual, it's not as simple as going to a website and downloading a rom, but if there's someone who "actually" cares about preserving this stuff, it's likely those guys.
 
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oni-link

tag reference no one gets
Member
Oct 25, 2017
16,015
UK
The preservation problem isn't unique to video games, even it's equally unfortunate in other media. There are so many films that only ever got released on Laserdisc, or VHS, or DVD, or Betamax, and unless a specialist label like Vinegar Syndrome picks them up, they'll only get more difficult to see over the years (to say nothing of the countless films lost forever to decayed negatives or fires). The difference is that nobody can realistically download a full set of movie releases, so everyone just sort of accepts that they'll never be able to compile the whole history of the medium.

There are so many lost films from the early days of cinema, and we will lose a lot of games from the 70s - 90s as well, and the ones we won't lose, a good percentage of these will still be around because of pirates today

That's not to say piracy is good, because it's not, but when people who want to document the early days of gaming reach out to people asking for specific games, a lot of these are going to come from pirates
 
Oct 27, 2017
1,696
So you're ripping your copies just for backup in case of a computer crash?

Your not creating a duplicate copy that you intend to use on another system while still retaining the copy you originally purchased?

This is the entire point of the thread, the law is the law and must be respected, but the law isn't perfect, it's vague, and in many cases it's really stupid

I have no issue with ripping ROMs and playing them on PC as long as you own the original game, I've done it myself (love my Retro Pi) but even doing that is not clearly legally defined as being legally acceptable, which is in itself, really dumb

Unfortunately, what you've done there is theft by transposing the ROM from the target machine to your PC.

By your argument you could be legally making 'backups' using a Super Wild Card on a SNES - which is patently false.

Since most companies are explicit in that the license the software and not sell it, the 'backup copy' route is moot nowadays, anyway, and Nintendo's stance has always been any kind of ROM is illegal (except when it suits them, of course)
 

Psamtik

Member
Oct 27, 2017
6,848
There are so many lost films from the early days of cinema, and we will lose a lot of games from the 70s - 90s as well, and the ones we won't lose, a good percentage of these will still be around because of pirates today

That's not to say piracy is good, because it's not, but when people who want to document the early days of gaming reach out to people asking for specific games, a lot of these are going to come from pirates

For sure - granted, nobody's going to be interested in a copy of Madden '93 in thirty years, but if digitization had been possible a century ago, we'd be able to watch films that now exist only in a handful of publicity stills, if at all.
 

Bomblord

Self-requested ban
Banned
Jan 11, 2018
6,390
Unfortunately, what you've done there is theft by transposing the ROM from the target machine to your PC.

By your argument you could be legally making 'backups' using a Super Wild Card on a SNES - which is patently false.

Since most companies are explicit in that the license the software and not sell it, the 'backup copy' route is moot nowadays, anyway, and Nintendo's stance has always been any kind of ROM is illegal (except when it suits them, of course)

An unsigned "terms of use" in the back of an old SNES instruction booklet is in no way legally binding. Same for any terms of use for a physical game that you don't explicitly sign. Most legal precedents for format shifting are based on old VHS cases (example) which are kind of all over the place and some of which were before the DMCA so it's legally murky but not outright illegal. The main problem is there really are not any recent cases to see if personal game backups fall under current fair use standards.
 
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Oct 25, 2017
4,293
TyrantGuardian You keep conflating the act of reverse engineering the old Sonic roms with the idea that they MUST'VE been obtained illegally, when at best they were likely obtained from people dumping their own carts, a quasi-legal area. This isn't the argument anyone is making, and you're being the disingenuous one constantly bringing that up. You're the one that is constantly painting everyone with a broad brush of being anti-piracy zealots, when we're making it clear what our stance is, in accordance with the rules of this forum which I'm pretty sure are against advocating piracy.



This is literally justifying piracy. None of the reasons you listed are "valid". Wanting to do something doesn't magically made it "valid". No one actually "needs" access to the SNES version. They "want" access to the SNES version, and wants have no legal ground to stand on.

A version 2 of a game and a version 3 of the same game, on the same platform, are in no way similar to 2 entirely separate releases on two entirely different platforms.

Conflating "version" this way is more dishonest than the "piracy=theft" semantic debate.

You don't get to end a post with "Look I know you're breaking the law" when you just laid out all the reasons why people shouldn't care that they broke the law. Especially when using a game that is still commercially available as your example.

I get you on the stuff that literally is unobtainable via any other means, or whose legal ownership is up in the air due to the 30+ years it's been since some of these games came out, and the many company acquisitions and closures that have happened since then.

But your prime two examples, SNES Chrono Trigger and the Genesis Sonic roms, neither of those actually "require" piracy to do what you're saying people have done.

OK, that's fair - I obviously have no clue how Christian Whitehead obtained those ROMs in the first place. I am however saying that I personally don't really care? The end result was unequivocally good and would have been good in that particular case for everyone involved regardless. That is an objective statement based on fact, I would argue. Just to clarify once again; this does not mean that I am downplaying all the harmful aspects of piracy; I am merely stating that there are valid cases where it is hard to argue against these situations from a moral standpoint regardless of legality. I, once again, wish there were MUCH better ways for these people to go about it than there currently are. Even having to hunt down an obscure second-hand copy of a game (which might not even exist in the first place with some games/versions) in order to rip the ROM yourself is unnecessarily obtuse in this case (though I fully concede this entire argument if the game can be easily bought used for a reasonable or even barely reasonable sum of money) and only serves to hinder the learning and development of these people.

Again, I wasn't painting you or anyone making your arguments with any brush - I don't think you are a zealot. I was specifically calling out the people arguing in bad faith by basing their entire point on the premise of piracy literally being the same as theft because they have no other leg to stand on. You're not one of those posters and I sincerely apologize if you took my comment that way, it certainly wasn't directed at you. I completely agree with your stance and the only points where our opinion differs, from what I gather, is where the line is drawn between what constitutes a distinct game and what constitutes a version with no merit once it has been replaced. I think we can both agree that is a grey area with many facets, and Chrono Trigger may or may not be relevant to that point at all - I wasn't the one who brought that game up ITT and I was only using it as a random example. My argument applies to any game with significant changes between reissues where certain versions literally aren't available for purchase, realistically. If you want to have a debate about how grey this area is and where the line is drawn, I am completely open to that - but there is nothing dishonest about claiming that different releases of the same titles indeed have merit as unique works in certain cases, because that is all I'm saying.

I'm not sure what the difference is, inherently, between significantly differing versions of the same game (to the point of it being a different game) between iPhone updates and rereleases that also feature significant changes (compare Prince of Persia for the Amiga vs Prince of Persia for the SNES, for a more relevant example than Chrono Trigger) aside from the obvious legal standpoint in terms of licensing etc? Genuinely curious about how you would articulate that difference.

Also, what? I never said people shouldn't care about breaking the law. I literally don't pirate any more because it became illegal in Sweden. I used to pirate when it wasn't illegal, so clearly that part matters to me? You're putting words in my mouth here. I am saying that the legality of piracy is relevant to this question and should be respected to the extent that someone wants to respect that (or any) law. That is separate from the moral questions surrounding piracy. As I've said; if you think piracy does more harm than good regardless of my argument, I have no problem with that. It is in no way an attempt to justify piracy as a whole. I am calling out certain disingenuous arguments being put forward by certain posters (not you) because I think those arguments skew this debate in an unreasonable and unfair way. Not sure why you'd have a problem with that unless you think I am extrapolating this argument to saying all piracy is good? I'm just willing to debate and question the extent of the grey areas most of us agree exist from a moral standpoint (e.g. ripping your own games, the situations I propose etc.) If that isn't welcome on this forum I am perfectly willing to accept that if mods feel like it deserves a warning because it veers to close to justifying piracy as a whole, I can understand that.

TyrantGuardian
Admittedly I'm coming across a little harsh and I don't mean to, I was an admin at a ROM site years ago, I've been on the other side of all this. The fact that I was able to obtain that position in high school is a testament to how these ROM sites run (aka, it's a bunch of entitled children and crooks who just want to pirate stuff). So I've come around a lot in the years since then.

I'm all for the preservation angle of this stuff, I just don't think Emuparadise was a shining beacon of that. Private trackers that maintain full NoIntro style rips and stuff like that, those are the "preservationists" of the ROM world. Whoever the fuck maintains a complete MAME set at any given time, and is constantly updating it as new roms are being dumped or older roms are redumped and updated, those are the people making sure there is an archive of this stuff. Sure it may not be easily accessible to the average individual, it's not as simple as going to a website and downloading a rom, but if there's someone who "actually" cares about preserving this stuff, it's likely those guys.

Hey no worries. I tend to be a somewhat acerbic poster in general so it's only fair that I can take what I tend to dish out in these discussions =)

I don't know if I would agree that calling children "entitled" or "crooks" for cultivating a genuine interest in the art form we all love is particularly fair, coming from my own experience as, presumably in the eyes of some, "one of those exact kids" and seeing where I am now and what incredible respect I have for this medium (reflected in the immense amounts of money I've invested in supporting everything from huge publishers to tiny indie teams.)

I also don't give a shit about Emuparadise, lol. Quick access to illegal ROMs that are barely quality checked and not properly tagged doesn't matter the slightest to me either, from a philosophical standpoint. I'm only in this thread to argue against bad faith arguments using lies and misinformation to make awful points that are completely disconnected from reality - not to mourn Emuparadise. Feels kinda off-topic and I wish there was an OT for debating these issues more broadly in terms of philosophical arguments, but I'm not sure where exactly that crosses the line for the TOS of this forum so it seems a bit impractical compared to a news thread like this, I guess.

An unsigned "terms of use" in the back of an old SNES instruction booklet is in no way legally binding. Same for any terms of use for a physical game that you don't explicitly sign. Most legal precedents for format shifting are based on old VHS cases (example) which are kind of all over the place and some of which were before the DMCA so it's legally murky but not outright illegal. The main problem is there really are not any recent cases to see if personal game backups fall under current fair use standards.

The worst part is that attempting to change these laws while corporations have such huge sway over lawmakers feels like poking a bee hive. I advocate for copyright reform but sometimes I also feel it's better to just leave it as it is - murky and easy for normal people to get away with reasonable loopholes rather than risking even stricter laws being by corporations in protest. Makes me feel kind of helpless to be honest, especially with how it all went down in Sweden (no voting, no probing of public opinion, no diversity within established political parties either left or right.)
 
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Deleted member 5167

User requested account closure
Banned
Oct 25, 2017
3,114
I was specifically calling out the people arguing in bad faith by basing their entire point on the premise of piracy literally being the same as theft because they have no other leg to stand on.

...

I'm only in this thread to argue against bad faith arguments using lies and misinformation to make awful points that are completely disconnected from reality

You don't know what "bad faith" means.
You have zero rights to use a product that is for sale by an owner that you did not pay for.
You never have, and you never will.
It doesn't matter how much you go "But they still have a copy! so its not theft! aha!"
 
Oct 27, 2017
1,696
An unsigned "terms of use" in the back of an old SNES instruction booklet is in no way legally binding. Same for any terms of use for a physical game that you don't explicitly sign. Most legal precedents for format shifting are based on old VHS cases (example) which are kind of all over the place and some of which were before the DMCA so it's legally murky but not outright illegal. The main problem is there really are not any recent cases to see if personal game backups fall under current fair use standards.

Yeah, you're right about TOC & EULA's, however Nintendo's stance has long been copying their IP in ANY way in their view is 'illegal' - as for the booklet ToC, Nintendo could argue that IIRC the carts themselves came in sealed bags within the boxes (certainly in Japan anyway) - they may say breaking the seal on the bag would constitute agreement...

And as you say it needs someone to have the bravery to test that view in court. But I can understand people's reticence given N throwing its legal weight around.
 

1-D_FE

Member
Oct 27, 2017
8,253
Why? There are lots of things where the law and morality don't align

It's legal for a 60 year old to marry a 16 year old girl, 100% legal, but moral? Maybe not

It's legal for companies to dump huge amounts of waste and shift wealth upwards, fucking up the planet and putting the squeeze on those with lower incomes and pushing people in poverty, legal, absolutely, moral? Probably not

I'm not saying those issues are on a par with downloading ROMs, obviously

Many people will look at you like an alien for saying such things, but it's true. Very little of the law has to do with morality. It's why people who understand call it the legal system and not the justice system. Very little of law has to do with justice.

The list is endless. Companies in control write the laws. It's why even stupid things like medical marijuana have such issues getting implementing, while heroin (opiates which have the exact same chemical structure) is prescribed like candy. Pharma doesn't profit from weed, they do from creating synthetic variants of heroin and pushing it through with almost no oversight.
 
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