Announcement

Collapse
No announcement yet.

Sick of the Disc

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Originally posted by Aro


    RIAA is prosecuting a guy who has 2000 songs in his computer… All of them ripped from his own CDs. All.
    On what basis?
    The undeserving maintain power by promoting hysteria.

    Comment


    • #62
      What do you mean by "law"? Most people interpret that to mean subject to criminal prosecution. Is your interpretation different from that?
      You can't be criminally prosecuted for what I'm describing, which is using a no cd hack for a legitimate game, because it does not violate copyright law or the DMCA, which snoopy keeps mentioning.

      Liability for a civil penalty is determined in a court of law, and the judge can assign any penalty he feels like. Yes, he is subject to guidelines and restrictions (precedent, mostly). However, he is totally free to act outside those guidelines and restrictions, and the judge will couch his judgment in legalese and provide some sort of justification.
      Assuming you do not have a corrupt or incompetent judge, the chances of a company successfully suing you for damages that result from the private use of a no-cd hack are minimal. Then again, juries award people damages for spilling hot coffee on themselves, so you're right, anything's possible esp when you breach a contract.
      Last edited by Wiglaf; January 30, 2008, 17:33.

      Comment


      • #63
        Originally posted by Wiglaf
        You can't be criminally prosecuted for what I'm describing, which is using a no cd hack for a legitimate game, because it does not violate copyright law or the DMCA, which snoopy keeps mentioning.
        Actually, I think it DOES violate copyright law. To my knowledge, it does not violate criminal law. So, I agree, you probably could not be criminally prosecuted. You would be subject to civil prosecution, which is what I was talking about.

        Assuming you do not have a corrupt or incompetent judge, the chances of a company successfully suing you for damages that result from the private use of a no-cd hack are minimal. Then again, juries award people damages for spilling hot coffee on themselves, so you're right, anything's possible.
        I think you're missing half of my point... whether or not you win the case, you would still have to pay for your lawyers, unless you managed to sweet-talk the ACLU or someone to footing the bill.

        Unless... are you thinking you could just walk into the courtroom and represent yourself, and win? That doesn't even happen on Law & Order.

        Wodan

        Comment


        • #64
          Oh, and to clarify: whether this is a violation of copyright law or not, is kind of moot. I feel that way because I think that a violation of copyright law is a civil offense, not a criminal one.

          A criminal offense is one that:
          1) you can go to jail if they find you guilty
          2) the government will prosecute you, on their own (it's between you and the government, not between you and some other private party: a person or a business)
          3) is MUCH harder to prove, than a civil case (a criminal case the government has to have 99.9% evidence against you; a civil case is between two parties and they're going to say one side or the other wins, so you just have to have 50.1% of the evidence).

          Wodan

          Comment


          • #65
            Actually, I think it DOES violate copyright law. To my knowledge, it does not violate criminal law. So, I agree, you probably could not be criminally prosecuted. You would be subject to civil prosecution, which is what I was talking about.
            Clearly, the game company would have no problem showing breach of contract if someone is using a no-cd hack. The problem is that there would really be no damages to award, since there is absolutely no harm done to the company by someone who already paid for the game and has done nothing to distribute the hack to those who haven't.

            Typically when a breach of contract occurs, the jury sides with the plantiff and looks to help the plantiff achieve the result the contract should have provided/or the situation before the contract occured. E.g., if you sign a contract to fix my fence and I give you $1,000 and you bail, I should get the fence or the money (in this case I'd probably get you arrested on fraud too, plus some damages for wasting my time).

            In the nefarious Civ 4 player with a no-cd hack situation, there is no damage whatsoever.

            I think you're missing half of my point... whether or not you win the case, you would still have to pay for your lawyers, unless you managed to sweet-talk the ACLU or someone to footing the bill.
            The game company would also need lawyers to go after you, which would be a silly expense since we're talking about a PRIVATE USER WITH A NO CD HACK FOR A VIDEOGAME. That was half my point -- a suit would never happen. If for some reason they did target you, then yes, you'd need a lawyer, just like you would if you got sued for any other retarded reason.

            Comment


            • #66
              Originally posted by wodan11
              Wiglaf and Krill, you guys should stop arguing precedent and rationale.

              We can say "go ahead and break the law, they won't prosecute you, or if they do, the chances of them being successful are miniscule". That doesn't change the fact that this is encouraging someone to break the law, and it wouldn't save them from having to pay $umpty-ump on defense attorneys.

              Or, we could say "that law makes no sense because blah blah blah". Just because we disagree with the law doesn't change the fact that it's the law. Nobody said the people running governments have a particular foundation in reality, and their lack thereof doesn't stop them from passing these laws.

              If you wanted to organize a petition or write your government, go for it, but Poly has asked that you not do it here.

              Wodan
              Nice post. Yet you missed the entire point of my argument. You do need to improve your trolling skills Wodan
              You just wasted six ... no, seven ... seconds of your life reading this sentence.

              Comment


              • #67
                The issue is really not whether you would get prosecuted... but whether it is considered an illegal use of the software... which it indeed is if you agree to the publishers use agreement.

                But you are right Wiglaf, they aren't going to go after legal owners just because they use a no cd hack.

                However, it still violates the publishers rights, and that's why we don't allow discussion on the topic.

                Again, it's not like you need Apolyton to find what you are looking for
                Keep on Civin'
                RIP rah, Tony Bogey & Baron O

                Comment


                • #68
                  But you are right Wiglaf,

                  Comment


                  • #69
                    Aside from the fact the according to Civ4 EULA you can use Mods with Civ4, just don't de-compile the code.

                    So you can use a no-CD hack as it's technically a modification, just you can't be the one to de-compile the code to create it.

                    Comment


                    • #70
                      Originally posted by Wiglaf
                      The game company would also need lawyers to go after you, which would be a silly expense since we're talking about a PRIVATE USER WITH A NO CD HACK FOR A VIDEOGAME. That was half my point -- a suit would never happen. If for some reason they did target you, then yes, you'd need a lawyer, just like you would if you got sued for any other retarded reason.
                      That assumes that the only reason to sue somebody is to get money out of them.

                      Wodan

                      Comment


                      • #71
                        Yes..
                        If they want to shut down the cracks then suing a private user who just downloaded one isn't going to help now is it?

                        Comment


                        • #72
                          Originally posted by DirtyMartini


                          On what basis?
                          Illegal copy.
                          see here
                          RIAA sucks
                          The Optimistas
                          I'm a political cartoonist

                          Comment


                          • #73
                            I play daily and I think Civ4 destroyed my dvd drive on a laptop...

                            Could be bad luck.

                            Comment


                            • #74
                              My CD drive is not recognizing my CD more and more often. I have to eject my disc and re-insert it, or clean the CD regularly.

                              Comment


                              • #75
                                Jaybe, don't clean the CD itself, clean the CD-player! that might work. most of the times it is not the CD, but the lens of the player that got dirty. the more you play, the more dust etc. gets on the lens. easy done with special lens-clean-CD.

                                MC

                                Comment

                                Working...
                                X