Cmdrcain -> RE: StarForce - The Other Side of CP Story - Thoughts ?? (8/24/2004 9:53:49 AM)
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Looking over posts I have some thoughts: First and Foremost is that anyone selling something that they claim COPYWRITE Protection has to remember that that law which protects creators etc from such illrgal copys and lose of revenues also SPECIFIES by LAW that a buyer of the copywrited work has an right to make archival Copy/backup. I am so tired of software etc publishers, Tired of RIAA and others who talk of stopping copying when the very law that protects them also gives a legitimate buyer the LEGAL RIGHT under FEDERAL LAW to make copys for own personal use/backup. I am not against copy protection, I understand the reasons for it but I think any protection should be a matter of RUNNING the program, never to prevent making a Backup copy of the MEDIA used for installing what you buy. I personally think any software etc sold that has a protection scheme that prevents making a copy you can use to install the program if originals damaged or used in place of original, especially where the Cd needs be in drive is in violation of federal law cause preventing the legitimate buyer their RIGHTS within copywrite law is a violation of the copywrite law as much as an illegal copy is a violation of it, publishers etc cannot j "have their cake and eat it" so to speak, if they claim copywrite protection then they must fully comply with ALL of that very law and not place anything in way of archival WORKING backups. The Protection as I said should have to be in starting/running the program. Yes I know there will be those that say that then one can install, make a copy, then sell the installed , knowing the way to activite the copy if need install again but thats the software publishers problem, there are ways to ensure that, in past we had like dongels that had to be in a slot like a serial port or such for the program to work etc.. If a publisher can put out a program with a copy protection that both protects from illegal copys etc yet also allows the by LAW right to archival copys fine. Otherwise then Publishers etc cannot claim any copywrite in my view, you cannot claim it while putting out something that by the way it works violates the same law by taking a legitimate users archival rights away. Its no joke, I once dropped a Cdrom and it shattered... If it hadn't been a burned copy of original which was stored away I'd have had a problem using my paid for legitimate program. Cd burners etc make it easy to copy, high speed ISP makes it easy to download lots of data, etc and that is bad? They make it easy for Burning ones legitimate copy and safeguarding it as the intent of the archival law is for, and high speed internet is great for many things that has nothing to do with downloading bootleg copies of programs. Again, copy protection should be more aimed at preventing using a illegal copy then preventing a legitimate owner from his rights under copy write law. I play a Baseball sim btw, they protect their niche program via a scheme where you can install unlimited times from the CD RoM, however you get a Floppy KEY Disk, your allowed a one time move to the HD the protection, so you can play it without the key disk, however any future install cannot have the CP passed onto the HD, so its a 1 time thing, now because HD's can fail etc you still can run the game if the HD CP is lost due to a HD problem and a re-install of program but from then on you need to insert the KEY Disk to start the program. Their Baseball rosters are also protected, you need the Original floppy with its CP to install rosters. I'm sure it could be cracked, frankly any CP probably at some point can be cracked but the point here is THAT company is NOT preventing archival copys, I can make copys of the Cdrom install, my only worry would be if they went out of business and I couldn't get the key disk replaced if it goes bad by mailing it in and getting a new one. There have to be ways to allow archival backups for installing or a copy to use where a cdrom is required in the drive and yet have CP that limits the ability to actually run an illegal copy. As to Ebay, they nor ISP's can be held accountable, the COURTS have recently ruled it so on peer to peer, for Ebay, they can legally sell things that are salable, the stickling point through is software is licensed, the problem however is theres no clear court rulings on if licenses are really valid, since programs etc are sold like "goods" also I think there needs be some limits on license in that if you sell via a license then your obligated for LIFE or the term set if a license sets a term, to ensure the license holder can use the product, will Matrix be able to provide support to a license buyer say 10 years in future? I think at the point a licensed product is no longer supported the license should be no longer restricted, meaning a person could legally sell their lrgitimate copy of program even if license says cannot sell/transfer, if the one giving the license is no longer giving support then the license is already violated, I expect support from companys for programs I buy as long as I have and use them if no set license lengths in there... it is a LIFETIME license obligating the issuer to support it. In otherwords, a copy of like SSI carrier force, with zero support to the licensed game owner, shouldn't stand in way of the person selling their legitimate copy of the game to someone with a working Apple or C-64. So a flat out saying licensed software shouldn't be on such as Ebay is to me not valid, it might be valid for active supported titles being supported by the publisher etc like Pacific War is currently active supported licensed product, but if Matrix goes out of biz or stops supporting the game, should a person 5 years or less from now be disallowed to sell a working copy on ebay cause its software licensed? There has to be some common sense here, theres plenty of software sold on ebay no longer active published so the licensed buyers no longer are getting the support for it invalidating the license... I think if it ever goes fully through the courts they may rule against publishers because the perceived notation is people think of what they buy with money as their property and your able sell property to others, long as its the original media, etc and no copy resides on your PC The courts are likely to rule such sales as legitimate, but i'm no lawyer, irregardless at the least, working software in original media which no longer has any active support, no longer any active publisher etc should be quite legal to sell to anyone but thats my opinion.. In ending, CP has to protect the publishers yes, CP maybe needed Yes, but CP must not infringe on the purchasers of programs LEGAL rights under copywrite law to make workable copys for their own legitimate and personal use, I'm absolute on that and feel any software CP scheme that denys legitimate archival /backup copying as violation of federal law under federal copywrite law. And we have an right to the legitimate Cd/DVD burners etc, they have real legitimate uses beyond copying software, they are used to backup ones finiancial data, their Documents and other things as much as mere copying some game just bought so use the copy while safeguarding the original...
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