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Old 31-08-2007, 10:40
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TippeX, ehehe, that's what we quarrelled about with DABhand a few years ago: if a contract between two persons/companies contradicts the laws in a given country, the contradicting parts are automatically void. So the EULA cannot have priority over laws.
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Old 31-08-2007, 12:20
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Quote:
Originally Posted by Joe Forster/STA View Post
TippeX, ehehe, that's what we quarrelled about with DABhand a few years ago: if a contract between two persons/companies contradicts the laws in a given country, the contradicting parts are automatically void. So the EULA cannot have priority over laws.
Oh no not this again, and I said that no LAW can take precedence over someones legal property, which includes software.

The software is owned by the developer/publisher and its their right to let you make a backup or not, not by the say of whatever country's law.

Also if a countries law was paramount and you had the 100% right to make a backup then every protected game out there is breaking the law as you cant simply back it up.

Im sorry Joe, as I said back then you misread your own countries copyright law.

Afterall posession is 9/10ths of the Law.
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Old 31-08-2007, 14:54
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While moderating the BioShock threads, I start to understand what the original poster meant...

The no-CD patches that GCW hosts are meant to allow you to play the game without needing the original physical media (CD, DVD... floppy disk? ) because the media can be broken or the copy protection can cause the game to not work (properly) on your PC. That is considered "legal" to discuss on this forum, too. However, the following patches are "illegal" to discuss and, if uploaded to GCW, are removed soon:

- Turning a freely downloadable or leaked alpha/beta/demo/trial game into the full version, by whatever means: key/serial generator, missing files, EXE from full release etc. This applies to "digital download" games, too: if you bought the game without a CD/DVD then there's nothing to get broken so why would you need a no-CD patch?! If the "digital download" game doesn't work because of the copy protection then 1) complain at the publisher and 2) next time read our forum FAQ about why such purchases are not a good idea.

- Allowing to install the game without the original physical media, by whatever means: removing online activation or other copy protection. There's no need for that as you DO have the original CD/DVD and it only needs to be used once when installing it, right? If you manage to break it during this short session, well, you're so clumsy you should've asked the neighbor to do it for you anyway...

- Whatever else that I cannot remember right now.

In short, GCW is supposed to give you CD/DVD-free gaming experience - which, in our opinion, is the legal gamer's right - but - trying to save the forum and GCW from getting closed by gaming companies - NOTHING MORE!

Perhaps, some explanations should be added to the forum rules? Discuss!
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Last edited by Joe Forster/STA; 31-08-2007 at 14:58.
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Old 31-08-2007, 15:07
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(Thread moved to the GCW Support forum; hopefully, it's the least off-topic here.)

@DABhand: Yes, if a country's law explicitly states that you may make one backup of your legally purchased software (such as in Hungary) then you CAN make one, no matter what the publisher said. If they try to kick your ass for it, Hungarian laws will protect you: they shouldn't have sold the software with such a license in the first place anyway.

Why was mp3search.ru - a site that carried millions of MP3's first for limited but free download and later for download at extremely low prices - such a pain in the RIAA's and MPAA's and whomever's ass? Because it was legal in Russia! Those American idiots probably blackmailed the Russian government (an embargo here, a veto there) and this is how they managed to get that site closed. (Of course, it's working again, with a different name and a slightly different policy so never mind... )

There's something about the GNU Public License that came to my mind but I don't remember it well for a quote...

By the way, your misunderstanding probably comes from the fact that you only know countries where laws are quite similar to those in your country. If there was a truly communist country where there were, by the law, no patents, no copyright, and actually NO PROPERTY then it would be obvious to you, the seller of some product, that your product would be "stolen" - which word already sounds strange in a country where there's no property, right?! - at the very moment you sold it to someone living in that country: your software would be copied in infinite amounts and your "physical object" products would be disassembled and replicated as needed. (Does that sound familiar? In the cold war era, Russians copied everything from the Western countries they managed to get their hands on. Which is why the so-called "CoCom list" was made: a product export embargo from Western countries to the Soviet bloc. The same is going on in China right now... Hehe, both are/were "accidentally" the two greatest bastions of communism.) To avoid this, you (or, most probably, your government) would have to sit down with people (not the government! there's no government in communism!) living in that country and make a compromise: they have to obey YOUR laws in THEIR country. Now, doesn't that sound weird to you?!

But, as a better example, there's a very obvious cultural clash between the so-called Western and Eastern civilization. Because of the behavior of the USA - not only military but also cultural -, Iraq publically announced that they don't give a shit about the copyright of American software (or any American product? don't remember) and are going to "pirate" them without end. As a counterattack, if I'm not mistaken, Iraq is now on the USA's software export embargo list: you sell software from the USA to Iraq and the FBI/CIA will fuck you in a second. As Iraq's own laws have priority over the contract between any individuals/companies if at least one of them is Iraqi, this was admittedly the only thing the USA could do about this problem...
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Last edited by Joe Forster/STA; 31-08-2007 at 15:53.
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Old 31-08-2007, 18:56
DABhand DABhand is offline
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Quote:
Originally Posted by Joe Forster/STA View Post
(Thread moved to the GCW Support forum; hopefully, it's the least off-topic here.)

@DABhand: Yes, if a country's law explicitly states that you may make one backup of your legally purchased software (such as in Hungary) then you CAN make one, no matter what the publisher said. If they try to kick your ass for it, Hungarian laws will protect you: they shouldn't have sold the software with such a license in the first place anyway.

Why was mp3search.ru - a site that carried millions of MP3's first for limited but free download and later for download at extremely low prices - such a pain in the RIAA's and MPAA's and whomever's ass? Because it was legal in Russia! Those American idiots probably blackmailed the Russian government (an embargo here, a veto there) and this is how they managed to get that site closed. (Of course, it's working again, with a different name and a slightly different policy so never mind... )

There's something about the GNU Public License that came to my mind but I don't remember it well for a quote...

By the way, your misunderstanding probably comes from the fact that you only know countries where laws are quite similar to those in your country. If there was a truly communist country where there were, by the law, no patents, no copyright, and actually NO PROPERTY then it would be obvious to you, the seller of some product, that your product would be "stolen" - which word already sounds strange in a country where there's no property, right?! - at the very moment you sold it to someone living in that country: your software would be copied in infinite amounts and your "physical object" products would be disassembled and replicated as needed. (Does that sound familiar? In the cold war era, Russians copied everything from the Western countries they managed to get their hands on. Which is why the so-called "CoCom list" was made: a product export embargo from Western countries to the Soviet bloc. The same is going on in China right now... Hehe, both are/were "accidentally" the two greatest bastions of communism.) To avoid this, you (or, most probably, your government) would have to sit down with people (not the government! there's no government in communism!) living in that country and make a compromise: they have to obey YOUR laws in THEIR country. Now, doesn't that sound weird to you?!

But, as a better example, there's a very obvious cultural clash between the so-called Western and Eastern civilization. Because of the behavior of the USA - not only military but also cultural -, Iraq publically announced that they don't give a shit about the copyright of American software (or any American product? don't remember) and are going to "pirate" them without end. As a counterattack, if I'm not mistaken, Iraq is now on the USA's software export embargo list: you sell software from the USA to Iraq and the FBI/CIA will fuck you in a second. As Iraq's own laws have priority over the contract between any individuals/companies if at least one of them is Iraqi, this was admittedly the only thing the USA could do about this problem...

If I also remember correctly your law states you can if you are in a contract to do so. Contract being the EULA you agreed to.

But no point talking about it now, it will never come to a close.
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