He bought a game and then found out that it was pirated

30-11-2015 | IslamWeb

Question:

I recently bought a game from a person for a cheap price, afterwards I learned that he got it through an illegal way and that the company did not take any money on it. So it is haram or pirated, so can I play it until it gets cheaper legally and I can buy it? Or what should I do? And also please answer my question clearly and do not go to side topics.

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If this is a real game (and not a virtual one), then it is impermissible to use it; rather, it must be returned to its rightful owner. If it is an electronic game, then the opinion adopted at Islamweb is that copyright and the like of the incorporeal rights are recognized and protected by the sharee'ah and that they are the property of their owners; their rights should not be infringed upon nor should anyone make unauthorized copies of them. Hence, it is impermissible to copy or use such games without the permission of the owner as underlined in the relevant resolution of the Council of Islamic Fiqh Academy.

The answer of a relevant question directed to the Permanent Committee for Islamic Research and Fataawa reads:

"It is not permissible to make unauthorized copies of programs whose authors have forbidden the making of copies without their permission, because the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, 'Muslims are bound by their conditions.' [Abu Daawood - As-Suyooti graded it saheeh (sound)] He  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) also said, 'Nothing which belongs to a Muslim is deemed lawful to his fellow Muslim unless it was given freely and willingly.' [At-Tirmithi: Hasan Saheeh (good or sound)] Moreover, he  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, 'Whoever acquires a lawful item first has more right to it.' [Abu Daawood - Ad-Dhiyaa’ Al-Maqdisi graded it Saheeh]."

Based on the above, it is not permissible for anyone to use pirated programs, be it a game or otherwise, under any circumstances. The fact that you did not know that it was a pirated copy when you bought it does not make it allowable for you to use it. It is also impermissible for you to use it until the price of the original game is reduced; rather, it is incumbent on you to abstain from using the pirated game so as not to infringe upon the copyrights and intellectual property rights held by the rightful owner of the game.

You are entitled to demand the money that you paid for the game from the person who sold it to you; as it has become clear that he had sold what he did not actually own.

Allaah knows best.

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