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Thread: Is It Fair.....

  1. #11
    TankEngine
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    Lets see if I can get away with this. Maybe I shouldn't say "get away with" ..... hmm..... "help people in need"

    Tank

  2. #12
    lzw
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    never heard of that I thought rm files were just files for Real Player and cannot imagine how recording/copying them could be illegal?

    Being such, maybe a violation of international trade laws and some lawers should take that up with america! I being an american, realize they have stupid laws for other software that should be addressed also... For example, some DVD software is illegal but how?

    I thought the law says it's illegal to distribute copyrighted software, and NOT illegal to record/duplicate/back it up?

    wouldn't these laws make every backup program on the market illegal?

  3. #13
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    Originally posted by lzw+Jul 27 2003, 11:36 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (lzw @ Jul 27 2003, 11:36 PM)</td></tr><tr><td id='QUOTE'>never heard of that I thought rm files were just files for Real Player and cannot imagine how recording/copying them could be illegal?[/b]


    Real Audio files are generally used to stream copyrighted materials, you have permission to listen to the stream, just not possess it. So recording it would be a violation of the user acceptable policy.

    Originally posted by -lzw@Jul 27 2003, 11:36 PM

    For example, some DVD software is illegal but how?
    DVD are protected by encryption, copying the "movie" is legal under the Fair Use Law. BUT... to copy the movie you must first defeat the encryption, and here lies why it is illegal. The DMCA makes defeating protection encyption a felony. So by copying a DVD title. you HAVE to defeat the protection encryption, so therefore at that it makes it illegal.

    <!--QuoteBegin--lzw
    @Jul 27 2003, 11:36 PM

    wouldn&#39;t these laws make every backup program on the market illegal?
    [/quote]
    No. because not all backup prgorams were designed to backup coppyrighted material. I backup my database files to CD-RW, I backup my photos taken from my digitial camera, from my digitial vidoe camera. When I decided to work on a new song and spend a couple months working on 1, it is backed up. Any time I do work for a customer on a layout for a graphic design, it is backed up. so that can not be illegal.
    As far as backing up copyrighted works, under the fair use law, you have the rights to make 1 backup copy. this is music, software, whatever.
    But current legislation in America would like to see the consumer lose all rights. and that is a big problem with the DMCA.

    " While copyright law grants authors the exclusive right to reproduce and profit from their works, the law recognizes an exception called fair use. Fair use permits consumers&#39; limited personal, non-commercial use of lawfully obtained copyrighted material without prior consent of the copyright owner. It allows you to photocopy parts of books you own and make back-up tapes of movies or music you own onto VHS or cassette tapes. The U.S. Supreme Court has held that fair use is necessary to avoid an irreconcilable conflict between copyright law and the First Amendment&#39;s guarantee of free speech."

    Fair Use Law;
    TITLE 17 - CHAPTER 1;

    Sec. 108. - Limitations on exclusive rights: Reproduction by libraries and archives

    (a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (B) and ©, or to distribute such copy or phonorecord, under the conditions specified by this section, if -

    (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

  4. #14
    lzw
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    ah, I see how this works&#33;&#33;&#33;&#33; And the more I think about it, the sillier it sounds... compare it to medical marijuana:

    - Media files are legal on the internet (for medical use)
    - Get caught with them on your hard drive, that&#39;s possesion&#33;
    - 10 or more, that intent to distribute man&#33;

    seriously, we know that these hollywood music/movie files have exclusive copyright and that is why people trade them on places like kazza but I always thought there were no exclusive rights to these little clips all over the web (else why put them on the web) but since you have explained it, I see someone obviously does have exclusive distribution use rights&#33;

    Of course most could things have an original copyright holder which prevents people from selling/renting/leasing other peoples intelectual property for profit but clearly people can see a nice picture on the web and set it as wallpaper without getting in trouble&#33; (I think)

    I have solutions for both sides&#33;&#33;

    don&#39;t want the whole world copying your files? stop putting them on the web&#33;

    don&#39;t want so many drakonian hollywood laws? stop downloading their DVD&#39;s and just watch them on TV&#33;

    Confession: OK, I have 1 southpark cartoon... But I only downloaded it because I was curious to see if it really would play on a computer&#33;

  5. #15
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    Originally posted by lzw@Jul 28 2003, 09:30 PM
    but I always thought there were no exclusive rights to these little clips all over the web (else why put them on the web) but since you have explained it, I see someone obviously does have exclusive distribution use rights&#33;
    as soon as you create something, a logo, a graphic image, a music sound clip, a written document, you have instant copyright to it. If it is an original work. there exists many forms of copyrights also. Original works, Derived works.....

    you have the copyright to anything you create, it is granted to you.
    NOW the problem lays in when you face a copyright infringment, it is difficult to prove you created something without a registered copyright.

    The little clips someone makes on the net are copyrighted. web pages are copyrighted by the creators. it is just more difficult to prove infringement wihout a registered copyright.

  6. #16
    guest_ben
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    If I own a program, lose the disk, forget about it, and in a month reinstall my OS, I will find a warez version of the program. That is not illegal. That is a backup. That is the one legitiment way to use warez and it is always the claims in the disclaimer of the warez sites.


    Though I believe that it is perfectly right for me to get a cracked version of the software I originally owned, it is impossible to filter who is getting a legitiment backup and who is stealing software. I understand that if I want the program, it is my responisibility to find it and not search for it on a respectable site such as oldversion.com


    The difference between this site and most is that this site takes piracy seriously: and they should. They don&#39;t use an excuse for a disclaimer that says, "I don&#39;t care if you do it, just you didn&#39;t get it frm me." They actually provide make sure that they do not promote stolen software.

    *Applause*

  7. #17
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    Originally posted by guest_ben+Mar 23 2004, 10:35 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (guest_ben @ Mar 23 2004, 10:35 PM)</td></tr><tr><td id='QUOTE'>That is the one legitiment way to use warez and it is always the claims in the disclaimer of the warez sites. [/b]

    Warez disclaimers are not legal protection from prosecution. Many &#39;warez&#39; sites post dislaimers stating they can not be held accountable for you using their software, this is nonsense, they are hosting illegal content, simply stating you do not condone the useage, would not legitimize the suppling of software in direct violation of the copyright holders.Simply stating you can use this for 24 hours then you must delete is not valid. If the &#39;warez&#39; was cracked, and does no longer make use of your valid license, you then are using an illegal copy of the software. Since most warez are stripped of their copy-protection, your using software which is in direct violation of its EUA.
    Remember also your not paying for the software code, your paying for the license to use the software. If you made a backup of your own software, which maybe be legal for some, but not all software titles, again, you have to make sure the EUA permits back-up copies. If you say your permitted by law to backup the software, all you have to do is remember that the EUA you agreed to is a contract, if in the EUA you agreed to before running the title states you are prohibited from making a backup copy, and you continue forth, then you have no right to make up a backup copy.
    By obtaining a cracked version, it is stripped of its copy protection scheme, the software then is no longer legit for anyone to use legally.

    Originally posted by -guest_ben@Mar 23 2004, 10:35 PM
    Though I believe that it is perfectly right for me to get a cracked version of the software I originally owned,
    If you &#39;crack&#39; the software yourself, your in possession of illegal software, by downloading the crack. As cracks are illegal under the DMCA.

    Originally posted by -guest_ben@Mar 23 2004, 10:35 PM
    The difference between this site and most is that this site takes piracy seriously: and they should.*
    This site is very different than &#39;warez&#39;. This is a Freeware & Shareware site. This site is similar to Tucows, C|net, PCworld, Simtel.net. It is nothing like the &#39;warez&#39; groups. As there is not a single piece of &#39;warez&#39; hosted here.

    <!--QuoteBegin--FAQS
    @ http://www.oldversion.com/faq.php
    Why do you only have freeware and shareware?
    This is not a "warez" site. We are able to legally distribute only freeware and shareware, since they are free.
    [/quote]


 

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