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Thread: Illegal forum topics - where do you draw the line HEXUS?

  1. #81
    Almost in control. autopilot's Avatar
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    Quote Originally Posted by Konan555
    And there's how things work. Mass disregard for a law is something no Governing powers can do anything about.
    Tell that to my mum who just got 2 speeding tickets in 2 weeks!

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    Photographer; for hire!! shiato storm's Avatar
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    speeding I believe is a little differnt to ripping music to make your own compilation...!
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    Almost in control. autopilot's Avatar
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    Quote Originally Posted by shiato storm
    speeding I believe is a little different to ripping music to make your own compilation...!
    What i meant was just because everyone does something does not mean we will get away with it. But yes, the chances are you will as so many people do. It's called an analogy Shiato!

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    Almost in control. autopilot's Avatar
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    Just dug this up. It was orginally a PC Zone article. More to do with games...

    Computer games users enjoy a special privilege under the existing copyright law. According to Section 50(A) of the 1988 Copyright, Designs and Patents Act, legal purchasers of computer games are explicitly permitted to make a backup copy of their purchase. (Interestingly, the rule specifically applies to computer games. For no adequately-explained reason, purchasers of music CDs or DVD movies are not granted the same rights to protect their investment. The only rational explanation your reporter can come up with for this odd anomaly is that the law recognises that (a) computer software is overpriced in comparison to other leisure media, and (b) the games industry is so fragile, and hostile towards backwards-compatibility, that your chances of being able to obtain a legal replacement for a duff disc after anything more than a couple of years are so remote as to require legal remedy.)

    This section of the law has NOT been changed by the CRRA. You are still entitled by UK law to make a backup copy of any piece of software you buy legally. Where things start to get interesting, though, is in Section 296Z of the new law. Section 296 makes it an offence to do anything at all which is designed to circumvent any piece of copyright protection technology put in place by the manufacturers or distributors of any copyrighted work.

    This is a direct copy (ironically) of the section in the US DMCA under which the prosecutions of Skylarov, Halderman and many others were made possible, and in short what it means is that if a disc has some form of anti-copy protection, it is a criminal offence to either circumvent that protection yourself, or to give anyone else any device or piece of information which will enable them to do so. In other words, if you exercise your legally-enshrined right to make a backup of your legally-purchased game, you are automatically and necessarily breaking the law, with a maximum penalty of two years imprisonment. Hmm. Bit of a mixed message being sent out there, don't you think?
    Thought this bit was most interesting;

    We've examined the evidence and come to the only logical conclusion, and that conclusion is this: Under the new UK copyright laws, any software publisher which implements any form of copy-protection on its discs will be breaking the law. Because it's an offence, obviously, to deprive the consumer of any right which is explicitly granted to him in law. And if you implement copy protection which there is no legal way to circumvent (which, thanks to the CRRA, there now isn't), then you are, obviously, depriving the consumer of the opportunity to exercise his legally-enshrined right to a backup. Which is illegal. So, who wants to be the first in court?
    Either way, while the corporations are being allowed dictate or bend the law and force everyone to conform to their terms, there is no way we will see any kind of fair use that is actually fair for the consumer rather than the corporations.

    Imagine this;

    A) Sony email Hexus complaining that someone has posted instructions on their website on how to backup a DVD they own legally which is on their film label.

    B) Sony email Hexus complaining that someone has posted a guide on how to rip a music CD and transfer it to a Sony K750i mobile phone (which plays non-DRM files).

    Scenario B is obviously far less likely because it benefits Sony, while A does not.

    That was the whole point of my original post. Madness and so hypocritical.

  5. #85
    Looser Konan555's Avatar
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    Quote Originally Posted by dangerous_dom
    What i meant was just because everyone does something does not mean we will get away with it. But yes, the chances are you will as so many people do. It's called an analogy Shiato!
    Not the best of analogies really. For a start, a few days after burning a CD you don't get a letter through the door asking you to admit you'd done so.

    Although I was issued with an NIP for alledged speeding. I told them they'd have to arrest me if they wanted any written evidence of it to use in court. They left me alone.

    Do you REALLY think the police are going to start stopping people with MP3 players on the street and arresting them on suspision of breaking the copyright protection act?

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    Almost in control. autopilot's Avatar
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    Quote Originally Posted by Konan555
    Not the best of analogies really.
    Agreed. But the point was that "Mass disregard for a law is something no Governing powers can do anything about." it not nercerially true, that was all.

    Quote Originally Posted by Konan555
    Do you REALLY think the police are going to start stopping people with MP3 players on the street and arresting them on suspision of breaking the copyright protection act?
    Of course not, thats my whole point! But if they were asked to, then yes. But lets not go down that road (no pun intended!). But as i said, it's the government that controls that law, as they should. It seems the corporations/RIAA etc are getting away with dictating the copyright laws and what we can and can't do.
    Last edited by autopilot; 28-10-2005 at 02:28 PM.

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    Looser Konan555's Avatar
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    Quote Originally Posted by dangerous_dom
    Agreed. It's was more of a joke really. But the point was that "Mass disregard for a law is something no Governing powers can do anything about." it not nercerially true, that was all.
    It all depends on enforcement methods and numbers.

    If every motorist using the M4 for a week where to speed and then refuse to pay the fine issued, what would happen?

    Bad legislation brings about civil disobedience - a la 1990.

    It's the Government that makes the law. It's supposed to be the Judicial System that's supposed to control its use (until we get ourselves a government installed supreme court...yay).

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    Photographer; for hire!! shiato storm's Avatar
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    Quote Originally Posted by Konan555
    (until we get ourselves a government installed supreme court...yay).
    which they'd love to have though wouldnt they...
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    Senior Member Stringent's Avatar
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    Another thing I have thought about. You know records. Yes those really big black disks, lots of magazines and websites tell you how to get the tracks off onto a CD. Are they doing something illegal then by helping you to copy music? If so they should be liable too.

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    Looser Konan555's Avatar
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    Quote Originally Posted by Stringent
    Another thing I have thought about. You know records. Yes those really big black disks, lots of magazines and websites tell you how to get the tracks off onto a CD. Are they doing something illegal then by helping you to copy music? If so they should be liable too.
    No. They're simply instructing you on the best way to convert between two formats, that only becomes illegal if any copyright attached to the information stored on the media is breached.

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