While surfing through the Internet Archive, I noticed many backups of old commercial games. For example, you can find the 3 disks for Final Fantasy VII for the original Playstation on Archive.org.
I thought it was okay to download anything from the Internet Archive as it isn't a piracy website but a historical archiving platform. It's also highly reputable. Still, I had my suspicions...
Is it legal to download PS1 games from achieve.org?
ChatGPT: No, it is not legal to download PlayStation 1 (PS1) games from Archive.org unless the games are explicitly released as freeware or have entered the public domain, which is extremely rare for commercial video games.
The AI explained to me that most PS1 are protected by copyright law, and downloading them without authorization from the copyright holders is considered piracy.
The Internet Archive (archive.org) is a well-known digital library but just because a file is available on Archive.org doesn't mean it's legally free to download.
ChatGPT: Always ensure that any game or software you download is either in the public domain, released as freeware, or legally distributed with proper permissions from the rights holders.
That was a strong argument, but I decided to ask further.
But archive.org is a reputable site, won't it remove games if they are illegal to download?
ChatGPT: Given the vast amount of content uploaded by various users, it's challenging for the site to continuously and accurately monitor all material for copyright compliance. While Archive.org does make efforts to remove infringing content when notified, it is not infallible.
When it comes to PS1 games, ChatGPT reaffirms that they're under copyright protection. As long as the permission to download them isn't given by the copyright holders. (If it's not tagged as Freeware or Public Domain.) It still counts as Piracy after all. No matter where they're downloaded from.
So, I finally asked the real question:
The games can be played on archive.org itself. Are they legal to play on-site as long as the copyright holders don't take them down?
ChatGPT: Playing PS1 games directly on Archive.org can still be legally questionable, even if they are not downloaded to your device. The legality hinges on whether the games were uploaded with the permission of the copyright holders.
Apparently, since the games are uploaded by users. It's not legal to play them on archive.org without permission from the copyright holders. I'm still not 100% convinced, but at least we know the excuse won't hold value in court now.
Final Thoughts
I have mixed feelings about this revelation. I thought I found a loophole in the system when I found Playstation 1 games over archive.org, but it's good to finally know for sure.
I don't want to advocate for Piracy, but if you're going to pirate anyway, it's better to use a reputable site like archive.org than the many piracy websites over the internet. There will be fewer ads and malware this way. Of course, archive.org's catalog is limited. You'll never find anything by Nintendo over there.
As someone who only knew games through Piracy in my early gaming years, I understand that not everyone can buy games. While not playing would be the most ethical option, I don't think piracy is all evil. I wouldn't be buying games today if I didn't have access to them illegally while I was young. If you can, however, support the actual copyright holders.
Thanks for Reading
You can check out my conversation with ChatGPT via this link. Have a nice read.~
You can check PS1 games on Archive.org here: Link.