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It helps in preserving the access to the game but if you're not the original license-holder it becomes piracy which isn't really ideal for preserving it long-term.


I believe the Doctrine of First Sale does apply to software (including games), as long as they're not encumbered by DRM. (And the only reason it doesn't apply there is the DMCA, which makes circumventing that DRM illegal.)

(And if anyone's unfamiliar with First Sale, my understanding is that it basically gives you the right to resell or regift property that you own.)

Furthermore, as I had pointed out to me on here just a few weeks ago, Congress has updated the law to recognize that computer software does not need a separate license to be "copied" into memory to run it; therefore, if you have a DRM-free piece of software, and you die, your heirs are 100% entitled to use that software or give it to someone else, for as long as the hardware they have access to can run it.


Is anyone really going to sue you for giving someone a exe for even quake? (or any other old game). Proving damages for a game that's no longer sold must be hard?




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