Ethics of downloading cracked software

Great Debates
1

Here’s my situation. I recently downloaded a usenet reader which needs a serial number to activate (yes, it’s payware). Before I go any further, please note that I paid for the software legally. I paid with my debit card, and the money was withdrawn from the account. It’s been three weeks now, and I still haven’t gotten the promised serial code needed to unlock the reader. Yes, I gave them my correct email address and paid in full.

I’m sick of waiting for a transaction that should take no more than two business days. I’m seriously considering downloading a cracker tool to open up that usenet reader. Emails have gone unanswered (I refuse to count form letters which don’t address the problem as answers), and I’m sick of it.

So, would it be ethical to crack the program? I know we don’t do warez chat here, and I really do respect that. But is it really warez if I’ve paid in full? That’s the question I’m asking - would I be doing the ethical thing by using a cracker in this one specific case? The cracker would be deleted after the reader is opened, and would not be redistributed, nor would I distribute the cracked software.

2

As far as I understand it, you purchased the right to use one copy of the program. Whether you do this by entering the serial or using a crack is moot- it is like breaking into your own house when you don’t have a key.

3

Yes, it would be. If a company isn’t delivering on what you paid for, get a refund. Don’t rip them off.

4

I’m the president of a very small business that designs, writes, and sells software, so this is a topic that has real meaning to me.

The best thing would to be to get a refund and make sure the company knows that it is because their customer service dropped the ball. For the most part, your only leverage with them is money. Don’t buy their product (or get a refund) and it hurts them where it counts. This is their incentive to improve or go out of business.

If you can’t get a refund in some reasonable period of time (and personally, I wouldn’t wait more than another week or two), then you have a few choices. You can try to take them to court, you can let it go and write the money off, or you can crack their password and use their product anyway.

I’d immediately try to send them a registered letter (assuming you know or can find their snail mail address) stating your problem and demanding satisfaction within 10 days, and that if you don’t get it, you’ll be off to small claims court.

Again, court is the way you tell them their service sucks and needs to be changed. But there’s no denying it’s a major pain, even for small claims (assuming you’re in the US), and the chances of collecting anything may be very small.

I hate to see bad customer service go unpunished, so I’m for writing off the money and telling everyone you know (including the vendor in a series of registered letters) about their terrible service. This again may hit them where it hurts. That’s easy for me to say, of course, because it’s not my money.

Having said all that, if I was in your position, having tried for a reasonable length of time to get the password you already paid for, I wouldn’t feel bad about circumventing their security. But if you do, you may forfeit your rights to a refund and to any customer support or warranty, and probably your ethical rights to bitch about their service. Perhaps not serious considerations, but things to keep in mind.

Remember I’m not a lawyer, I’m just a programmer. There may be concerns with circumventing their security based on the user agreement (which you may have already agreed to) or other considerations I’m not aware of. If you’re in doubt about any of that, stick to trying to get a refund.

5

:confused: How is downloading a crack for software you’ve legally purchased ripping off the company? If I give you $1 for a bottle of soda, and you take the dollar and ignore me, I don’t think I’ve ripped you off if I simply take the soda and go about my business.

6

If you haven’t paid for the statment that covers this transaction yet, you 've still got a good out by simply calling the credit card company and telling them to cancel the charge. When they ask why, explain the situation. If a company fails to supply a good or service after being paid, you do have this option with credit cards.

If it’s too late for that, then demand a refund from the company. Won’t work, but it will make you feel better. I’d certainly say you’re within your ethical rights to download a crack to counter their fraud, but legally you’d still be afoul of the DMCA.

7

I have an ethical question along these lines. If it is too much then mods, please let me know. What is the ethicality of no CD cracks? I bought the game. I have the CD here. I have only one copy of the game on one computer. The problem is that it is a laptop and I often take it to the office or on trips. I often use a game to relax and take a break. I do not, however, have any desire to carry around a half dozen CDs for the games I have installed on the computer.

This just seems like an odd form of copyright protection as the no CD crack seems to be available the same day the game comes out, while things like passwords take much longer (I have a friend who likely does not have a single piece of legal software on his computer). Thus, you get people who respect copyrights inconvenienced while those who do not have no trouble circumventing it. Of course, this has little to do with the ethicality of using the crack.

8

Lots of such companies have message boards, if you do not get satisfaction, perhaps you could let this be known more publicly on their message board.

9

flight,

If you’re using one copy for one machine you have no problem. The CD is just the software ‘holder’ if you will. There is nothing ethically wrong with No-CD cracks in that case.

10

htns go for it. you paid for it, so use it.

11

IMO it’s perfectly ethical to crack software you’ve paid for, and also to use other tricks to make the software more convenient for your own use, such as “no CD” patches, or defeating copy protection to use your own legally made backup copy (as long as you don’t redistribute the copy).

You pay for the right to use one copy the software, and you can ethically use it however you want as long, as no more than one copy is in use at a time. The copyright holder may have the legal right to say “No, you have to enter the serial number first” or “No, you can’t make a backup, you have to play from the original disc” or “No, you have to uninstall it from the living room PC before you install it in the den”, but IMO it’s ethical for you to do so anyway - you paid for one copy and you’re using one copy.

12

Just what I needed to hear.

CRACK!*

Thanks (or ShOuT OuTz, if you insist ;)) to those of you here who gave me your perspectives on this particular issue. Now to delete the cracker and surf Usenet. Some of these alt.* groups look pretty…uhm…UNIQUE, if ya follow me there. :eek:

13

Well, as I am terribly busy at work, and I have screwed around long enough, and seeing as how you already cracked the software, i still feel compelled two throw in my two cents. Btw, all disclaimers apply, and I’m too lazy to list them here.

Anyway, you should read the license agreement of the software. I doubt you actually bought the software, merely a license to use one copy, as dictated by the license agreement. If you actually do own the software, then copy and crack away. The type of software i deal with has more controls than this, and my clients typically do not sell to random people in the general public; however, some wisdom can be gained by this. The issue of ownership gets a little murky when you deal with UCITA and what I consider to be bs shrink-wrap licenses; there is a scenario where a shrink wrap license is valid, but it largely depends on where you live, how the transaction was made, and if you were able to get a refund or not. From your scenario, it seems like you are dealing with the shrink wrap variety, though it was entirely web based (I’m guessing). If so, you may be in that somewhat murky area of law (would be different if it were up to me).

So, long story short, consult your license agreement (or sales agreement, if applicable). Safest course, from what little I see here, is to get your money back from the software provider. Since you paid with your debit card, I’m not too sure if you can refund the same way as I would when I complain to my credit card (no hassles I’ve ever encountered), I would think so, because of the Visa/Mastercard logo.

14

<b>htns</b> - have you actually contacted the software company? If you don’t receive a receipt within two days of paying for something, you should always contact them. They are probably honest - I have yet to meet a dishonest shareware developer - but something has obviously gone wrong. It could be as simple as your ISP filtering out the address they send confirmations from, you just never know.

Is it ethically OK to use a cracked copy? Frankly, I don’t see why not. But it’s not the total solution: at the end of the day, you bought and deserve to have a properly registered copy that you will be able to upgrade, and you must try and get that. But by all means use a cracked copy in the meantime.

No-CD cracks: again, ethically fine, so long as you are doing it for convenience, and not to sell the original CDs on to someone. It can also be considered making a valid back-up, after all, CDs do scratch/melt/get lost/go inexplicably weird, and I think that when you have spent a considerable amount of cash on something, you have the right to preserve its longevity.

Other ethically-OK reasons for using cracked software? Certainly if you used to own something, lost the key, and the developer won’t respond, or has vanished/abandoned it, why not?

I also think there should be some sort of legislation about Abandonware. It seems stupid to deny people the right to have fun with ancient (often emulated) software, when in many cases the companies are no longer around to receive payments. It is also ridiculous to imagine that someone would pay full price for something that is now so dated. I don’t know what the answer is, but for your own conscience, maybe making a charitable donation each time you get a new Abandonware game. That at leasts puts something good back into the world, and no one loses out.

15

I have done chargebacks on a debit card, it works the same way as a credit card.