But where does 'commercially available' even stop? If a publisher in Botswekistan still has twentythousand copies of ObscureGameX and is selling them in shops there, does that count as available? How would we even know? If a developer is selling copies on his website but refuses to ship outside the US, does that count as 'unavailable' for everyone outside the US? If a Totally Upgraded Newfangled Polished Limited Collector's Full Talkie CD-ROM Edition is out-of-stock but the non-talkie drab standard edition is still flooding the shops, am I entitled to download the TUNPLCFT for free since I can't buy it anymore? It's a sliding scale.
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Madre de Dios! Es el Pollo Diablo!
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