Obviously I'm not talking Piracy as in Yar, Maties! or the more modern-day Somalian Pirates, but rather software piracy.
As a long-time video gamer with a preference for Nintendo's games, I have at various points in my lifetime owned:
2 of the original-style Gameboys;
2 of the remodeled Gameboys, (in the U.S. known as Gameboy Pocket)
1 Gameboy Advance
2 Gameboy Advance SPs
4 Gameboy DSs
1 NES
1 SNES
1 Nintendo 64
1 Gamecube
1 Wii
Plus numerous games for each system, anywhere from
at least 10 titles
(per system) to...24 carts for the N64, 27 Gamecube games, ~30 DS carts, & 22 Wii games.
Does this large support for the games industry justify me owning an Acekard
(actually three of) and downloading DS Roms for which I do
not own the actual game?
If you said, No, No!, Hell No!
(or any variant thereof) I actually agree with you. No amount of purchases and past support for a games company justifies a current practice of pirating software.
But let's take a look at Dragon Quest IX.
In the vein of one of Nintendo's other largest selling franchises, Dragon Quest IX is a single-player game. Yes, I know it allows for multi-play using the DS's Wi-Fi capabilities, what I mean is once someone such as my son starts playing his copy of Dragon Quest IX nobody else can use his cartridge to play the game unless they delete his saved game file, or play his saved game.
But what if I don't want to play my son's game, and I don't want to delete his game? What if I want to create my own character and start from the start of the game?
Then I can wait for my son to grow bored with his copy of the game so I can delete his file and start my own. And hope that in a week or two he doesn't ask for it back.
Or I can buy a second copy of the game. Either a brand new copy which directly supports the developers, or a second-hand copy which doesn't directly support the developers but still lets me play the game myself.
Or I can download a ROM of DQ IX, which not only doesn't directly support the developers with a second purchase of their awesome game, but is like throwing them the bird for
(IMO) being greedy pricks and not allowing multiple save files per cart, which was a common industry practice up until a few years ago.
In this particular case I went with Option No. 3. I downloaded a ROM for which I own a first-hand purchased, legitimate copy of that particular game.
Now for the sake of the argument we shall limit this discussion to this particular situation, and not include those situations where I may
(or may not have) downloaded ROMs for which I do
not own an actual copy of the game.
So, when the developers of a game deliberately limit the functionality of their game in a deliberate attempt to force a family to purchase multiple copies of said game...
IF the family purchases at least one legitimate copy of the game, is it now justifiable for them to download a ROM of the game so the rest of the family can each play their own copy of the game?
What if, in the case of DQ IX, the game includes a feature whereby the family can multiplay with each other, and they do so using 1 legitimate copy of the game and 3 ROM versions?
(I'm not actually sure it's possible, but I don't see why not. I'll let you all know later.) Is it still justifiable because they own 1 legitimate copy of the game? Or should anyone who wants to multiplay purchase a legitimate copy of the game?
In this case I would agree that anyone who wants to multiplay DQ IX with their family
should buy a legitimate copy of the game. But if everyone is quite content to play the game on their own, why should we have to buy multiple copies of the game when it's a very common industry practice to have 3 Save Files per Cart?
So if we own a legitimate copy of the game, I consider downloading a ROM of said game for immediate family members to use to be an acceptable practice, even if the law disagrees with me. Because while Section 117 of the Copyright Act makes it acceptable to make & use back-up copies of legitimately purchased & owned software, it's not acceptable to download copies of said software; apparently you must make the back-up copy yourself. Too bad that making a back-up copy of a DS cartridge is beyond the means of the average consumer.
I guess I'll just have to continue to be a Pirate. Yar, Maties!