Quick question of ethical judgment

[Unholypaladin]

Is the no disk modification illegal? I planned to install it with games i have already bought because the disks get scratched and causes crashes and lag or they wont work at all, and it would also let me listen to my cd's or run or write disks while i play my game. So what i want to know is what is the law on using no-disk modifications, (I didn't pirate the game or anything, and i haven't done it yet and i am just asking)

and if it is legal can you install mods with it?

 

thank you....

[DeathWarrior]

According to Wikipedia US copyright law says it's legal in this specific circumstance.

[evilneko]

For the nexus's opinion on it:

 

http://www.thenexusforums.com/index.php?/topic/247210-is-a-no-disc-patch-considere-piracy/page__view__findpost__p__2206913

 

I personally see no ethical problem in bypassing the disc check or using iso images of games I own.

 

As for the law, in the US the DMCA may apply, but it's unlikely you as an individual user would be sued.

[Gishank]

Morally it is legal, however unless the NoCD modification is provided by the developer/publisher for users whom are experiencing these specific problems (unlikely) then it is illegal as the EULA of 99% of games states you may not modify the core contents such as exe's without written permission (to put it simply), as you possess the modified content you are as such liable I believe.

[Quetzlsacatanango]

Morality and legality seldom have that much in common. I see nothing unethical about it if that's your question.

[TheTerminator2004]

It should be noted that using a nocd crack is not modifying the game code. You're just replacing one file with another. It may be against the EULA to actually make a nocd crack (since that does involve modifying the code), but using them is perfectly legal, provided you own a copy of the game of course.

[Surenas]

It should be noted that using a nocd crack is not modifying the game code. You're just replacing one file with another. It may be against the EULA to actually make a nocd crack (since that does involve modifying the code), but using them is perfectly legal, provided you own a copy of the game of course.

If you're replacing the legal game exe with an illegally modified one it's a terms of use violation.

That most buyers of game software operate in this way to preserve the original cd/dvd from damage doesn't make the private use of illegal nocd cracks more legal. Ever seen a nocd crack offered as support by a game publisher? Anyway! Nullo actore, nullus iude - no plaintiff, no judge. So it was and so it will be.

[TheTerminator2004]

It should be noted that using a nocd crack is not modifying the game code. You're just replacing one file with another. It may be against the EULA to actually make a nocd crack (since that does involve modifying the code), but using them is perfectly legal, provided you own a copy of the game of course.

If you're replacing the legal game exe with an illegally modified one it's a terms of use violation.

That most buyers of game software operate in this way to preserve the original cd/dvd from damage doesn't make the private use of illegal nocd cracks more legal. Ever seen a nocd crack offered as support by a game publisher? Anyway! Nullo actore, nullus iude - no plaintiff, no judge. So it was and so it will be.

 

I have actually. Most infamously Ubisoft, who took a crack by RELOADED, removed the nfo file, and distributed it as a patch for Far Cry 2 because the copy protection was causing so many bugs. Valve have done it a couple of times too, I think.

 

Anyway, actually modifying the code to bypass a DRM system is against the terms of the EULA. Simply replacing a file with another one isn't - if it was, modding would be illegal.

 

Also, I understand there was a recent court ruling in America, to do with whether it's legal to jailbreak iphones, which ruled that bypassing DRM for personal reasons - such as to make a backup copy, etc - is legal.

 

EDIT: Found the relevent document from the library of congress. It is a ruling stating in what cases are considered to be exemptions from the DMCA. ie. situations in which it is legal to bypass DRM. The section relevent to games is this:

 

(4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:

(i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and

(ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law.

 

Take from that what you will. But I'm sure you could easily just say you were testing for a security vulnerability, and it is therefore legal.

[Surenas]

[snip]

Anyway, actually modifying the code to bypass a DRM system is against the terms of the EULA. Simply replacing a file with another one isn't - if it was, modding would be illegal.

Please don't offer the impression as if the <start>.exe would not be the decisive part of the DRM and object of what we're dealing with here. The NoCD crack is still a "terms of use violation". We can live with it though... as long as steam doesn't become standard and cracked stuff is no longer to be justified as "private safety precaution" or somethin', for illegal per se.

[Delusibeta]

as long as steam doesn't become standard and cracked stuff is no longer to be justified as "private safety precaution" or somethin', for illegal per se.

Ehh, you could probably argue "personal internet-free backup", although considering Steam has its own backup tool I'm not sure how far that would fly.