I'd like to add a couple preservation-adjacent scenarios for you to consider. If a product is no longer made available by its rights holder, would it be unethical to acquire it through other means?

A: Pirating Abandonware

This would be software that was once sold, but is no longer made available by the rights holder. The creator of the software is no longer profiting from new or existing sales, and it's no longer possible to acquire a copy through legitimate means. At that point, does pirating the software actually hurt anybody?

• Argument against: not letting the software fade into obscurity stifles the market by providing freely-available competition to products that are actually being sold.

• Argument in favor: preventing piracy of the software will do more harm, as it stifles the growth of any community around the software.

B: Pirating Discontinued Software

This would be software that is no longer officially sold in its original form, but has been superseded by other software available from the same rights holder. For example, older versions of Adobe Photoshop.

• Argument against: pirating discontinued software hurts sales of the currently-available software.

• Argument in favor: currently-available software may be inferior to older versions. (example: licensed music being removed from remastered games)

C: Digitally Pirating Out-of-Circulation Physical Media

This would be acquiring digital archives of out-of-circulation physical media such as video games or out-of-print books. The media isn't sold by the rights holders anymore, but it would still be available through used goods resellers.

• Argument against: by pirating out-of-circulation media instead of paying for the physical copies, the individual is preventing the flow of capital through the second-hand market.

• Argument against: the rights holder may consider selling the media again in the future, and digital archives will prevent prospective buyers from purchasing the media when it eventually does become available.

• Argument in favor: it is financially inviable to acquire the media through the second-hand market. (as in: it's overpriced)

• Argument in favor: as the physical media degrades over time, it would become more scarce and may eventually be lost entirely.

• Argument in favor: under the assumption that second-hand resellers exist primarily for profiteering, giving them money does not contribute to humanity or culture in any meaningful way.

D: Removing DRM Technology

In this scenario, the individual has already purchased the media, but it is encumbered by DRM. Suppose the DRM either prevents the media from being accessed entirely^1^, or it hinders its usability^2^. Would it be ethical to use a "crack" on your purchased copy or acquire a pre-cracked copy from some other party?

^[1]^ Examples include: lifetime activation limits or activation servers being shut down after the expected lifetime of the product.

^[2]^ Examples include: always-online DRM, unnecessary resource usage

• Argument against: the existance of a crack could mean lost sales, since some individuals may choose to illegally acquire a pre-cracked copy instead of purchasing the media.

• Argument in favor: the DRM is hostile to the consumer. For example, the Sony BMG rootkit that caused excessive resource usage and provided a way for malware to conceal itself.

• Argument in favor: if the DRM is never removed from the media in the future it will hinder preservation efforts.