ORIGINAL: aaatoysandmore
If you already own the game just on another medium like commodore 64 and you now own a PC is it ok to download the game in the PC version. It's the same game. One has already paid for the rights to it once. Why should I have to buy another copy for each type of machine I own. If I buy a car does not the same gasoline used it in still run in the other cars I buy? It's still the same gas? Why should I have to pay for it twice or thrice?
Well, unlike your car, you've paid for the license to use the software. You don't "own" it in the same way you do your car. You can't modify it or otherwise alter it to make it work on your new PC. Yes, it's screwy, but that's how the law sees it. You can have the engine of your old car torn out and replaced with something more powerful and efficient - you can't do the same with software.
I think there's three main issues here:
1. Is the software considered "
abandon ware", and the PC port is done by someone who doesn't actually own the copyright. In this case, you're probably safe from being sued, since the version you downloaded isn't done by someone who has the legal right to go after you. Kind of like stealing cash from a drug dealer who's just got the money from a sale of drugs. Technically wrong, but he isn't likely to go running to the cops.
2. Is the PC version copyright is legitimately owned by the author of the port, then your original Commodore 64 software purchase was for the C-64 version and that work alone. Not the PC port. In this case, it's copyright violation and you're fairly nicked if you do get caught. After all, someone's done the work to bring a classic to the PC, involving wholesale re-writing of the code, and he does have a legitimate claim to compensation for his work. Though to be fair, anyone who's re-writing a 2 decade old game and expecting to turn a profit from his efforts is probably someone you should get to know and sell a bridge to.
3. Is it
freeware or
shareware? If so, you're under no legal obligation to pay anything.
Star Control II is an example of an old game that's gone free.
4. If you don't know and it's something you downloaded from a dodgy source, then you might want to check. Sometimes things you find on torrent engines will have viruses or trojans in them, which you can avoid by just getting the files for free from the legitimate distribution source. I don't mean to imply that stuff from torrent is dodgy - just that there's no accountability.
But as a rule of thumb for any 25-30 year old game, I'd doubt anyone's out of pocket even if it is, technically, piracy. No harm, no foul. But if you're bothered, check Google for the author and see if the company exists.
As a last point, if you still have the old game, you might be able to run it on a
C-64 emulator. In that case, there's absolutely no question of your right to use the software you purchased.
Caveat - I'm not a lawyer. I've just looked at this question previously in an old (aborted) attempt to recreate
M.U.L.E. years ago.
“That which can be asserted without evidence, can be dismissed without evidence.” ― Christopher Hitchens
