I'm pretty sure the post you're replying to was referring to "legit ways" as in the purchase would be actually from the current rights holder. Buying on the secondary market comes with its own problems:
1. The people who made-- er, own the rights to the game get no financial benefit. Functionally, what is the difference to EA if I download a copy of NFS: Underground, or if I buy a copy from some rando on eBay? Yes, the courts care, but it's not exactly like I'm supporting the artists.
2. You are not guaranteed a legitimate copy. eBay sellers will ship duplicated discs all the time, whether contemporary copies or ones made recently to meet the demands of retro gaming. Can you claim you got duped and offload your moral responsibility to the seller? Maybe. But you could still be a pirate.
3. Copyright law is complicated, and you might still be pirating if you do get a legitimate copy. The arcade cabinet is a great example. Did the seller own it outright, or was it on a lease that got abandoned when the game was no longer profitable? In the latter case, your purchase would not be covered by the US first-sale doctrine. So you could spend £4095 and then may as well hoist the jolly roger.
4. The used game market is a long-standing problem currently being solved by games publishers. It will not be long before there are no old CDs of retro games available because they never existed in the first place.
I've just always been weirded out when people hold up gray market purchases of used media as some paradigm of moral responsibility. It's like a financial transaction with the transfer of physical media is some magical incantation that erases all questions of ownership.
There was a brief attempt in late 90s Japan by game publishers to curtail used game sales by campaigning against it on back covers of games in late 90s/early 2000s. They stopped after the court said no to it.
Additionally, the market is also seeing used games as collectibles like cars and are inflating their prices that make it out of reach to actual buyers in favor of collectors. (cf. WATA Games)
1. The people who made-- er, own the rights to the game get no financial benefit. Functionally, what is the difference to EA if I download a copy of NFS: Underground, or if I buy a copy from some rando on eBay? Yes, the courts care, but it's not exactly like I'm supporting the artists.
2. You are not guaranteed a legitimate copy. eBay sellers will ship duplicated discs all the time, whether contemporary copies or ones made recently to meet the demands of retro gaming. Can you claim you got duped and offload your moral responsibility to the seller? Maybe. But you could still be a pirate.
3. Copyright law is complicated, and you might still be pirating if you do get a legitimate copy. The arcade cabinet is a great example. Did the seller own it outright, or was it on a lease that got abandoned when the game was no longer profitable? In the latter case, your purchase would not be covered by the US first-sale doctrine. So you could spend £4095 and then may as well hoist the jolly roger.
4. The used game market is a long-standing problem currently being solved by games publishers. It will not be long before there are no old CDs of retro games available because they never existed in the first place.
I've just always been weirded out when people hold up gray market purchases of used media as some paradigm of moral responsibility. It's like a financial transaction with the transfer of physical media is some magical incantation that erases all questions of ownership.