is it illegal to torrent a game that has never been sold (published) or one that...

[Socially Retarded Nerd :P]

...isnt sold in stores or online? by the publisher or developer
what if the dev/publisher shut down

 

[Kojak]

Yes it's illegal

 

[Marc Lane]

the only case in which it is LEGAL to torrent a game is when the publishing company has renounced ownership and when the creator of the game authorizes it.

Some indie games allow it in order to increase their popularity.

 

[Snarka Zulu]

The fact that it hasn't been sold is unrelated to somebody's intellectual property rights.