Point proven

[quote name='gdw3877']No, it's in response to a thread I started earlier that they locked.[/quote]

Well you are really making a great first impression on this board. It couldn't possibly be the case that they locked the thread for a reason.
 
[quote name='eldad9']What's the "point" that needs to be proven?[/quote]

It was that Loverboy's "Workin' For The Weekend" rocks. What this has to do with that, I'm not sure.
 
No matter how you read HR107 to suit your needs and appease your conscience.. buy purchasing a game you enter into a binding contract with the producer of said game. As part of that contract (almost always on the inside cover of the manual) they state that you MAY NOT make backups of the material.

So.. no matter what you think DMCA says, you may not backup your games, period.
 
With my rice I like to have some cow, cow, cow,
It tastes so very good I don't know how, how, how!
It's my favorite type of chow! CHOW! CHOW!

WOW! WOW!

EAT NOW!!

Banky seems to be knowledgable of the Kinnikuman Legacy.
 
Just a counterpoint...
Without the statement of a hypothesis, a conclusion cannot be drawn. Considering that more than half the thread has no idea what you are talking about, all of the information you try to present is moot.

To qoute from Willy Wonka and the Chocolate Factory: You lose. You get nothing! Good Day, sir!
 
I guess, if you say so. Even though some games allow you to (Atari), and some do not. Some say explicitely that you can. (Only one copy though as long as you have the original) It actually lies in what the DMCA does not cover, and the laws that were in effect prior that the DMCA did not specifically address. And entering into binding contracts. Hogwash.

Also, I never said I made backups.
Also, asparagus makes my pee smell like roses.
 
[quote name='gdw3877']Nice to see, it's so easxy to get people riled up.[/quote]

Who exactly was riled up? Only two people responded to you and everyone ignored you and talked about something else...
 
Soory guys, I am just being an ass right now. I'm bored. No hard feelings cornfed. So go ahaed and discuss amongst yourselfs: SHOULD YOU BE ABLE TO MAKE BACK-UPS OF SOFTWARE YOU OWN? I'm going to Target to get some sweet deals.
 
.... I think the issue is if you;re going to do it, dont blab about it in an open forum.

RemeMber those wise words of the 80s:

"It's only illegal if you get caught."
 
[quote name='Missingdata']... forgive my ignorance...

wht does Asparagus mean?[/quote]

It's a vegetable, long spear shape, leafs at one end make a point, usually steamed with some butter. Pretty crisp exterior typically. And it makes you piss neon yellow and smell terrible.
 
[quote name='gdw3877']I guess, if you say so. Even though some games allow you to (Atari), and some do not. Some say explicitely that you can. (Only one copy though as long as you have the original) It actually lies in what the DMCA does not cover, and the laws that were in effect prior that the DMCA did not specifically address. And entering into binding contracts. Hogwash. [/quote]

You have a right to create backups. The software vendor does not have a signed agreement with the customer stating the customer waives his right to create backup media.

The DMCA covers bypassing copy prevention schemes, and is a horrible law even otherwise.
 
[quote name='JSweeney']Just a counterpoint...
Without the statement of a hypothesis, a conclusion cannot be drawn. Considering that more than half the thread has no idea what you are talking about, all of the information you try to present is moot.

To qoute from Willy Wonka and the Chocolate Factory: You lose. You get nothing! Good Day, sir![/quote]

wonkayouloseanim.gif


Love that.
 
[quote name='PsyClerk'][quote name='JSweeney']Just a counterpoint...
Without the statement of a hypothesis, a conclusion cannot be drawn. Considering that more than half the thread has no idea what you are talking about, all of the information you try to present is moot.

To qoute from Willy Wonka and the Chocolate Factory: You lose. You get nothing! Good Day, sir![/quote]

wonkayouloseanim.gif


Love that.[/quote]

lol, that's awesome.
 
gdw3877, are you aware that this is a message board and not an instant messaging service? You can put more than one sentence in each post instead of posting every 30 seconds.
 
Yeah, legally binding contracts are shit. As long as you don't read the contract you are fine. If you read it and willingly disobey it, that is when you are fucked.
 
[quote name='Tromack']Yeah, legally binding contracts are shit. As long as you don't read the contract you are fine. If you read it and willingly disobey it, that is when you are shaq-fued.[/quote]

ROFL, you have got to be kidding me. :roll:

If you run a red light and tell the officer you thought it was legal.. does that get you off the hook?
 
[quote name='Cornfedwb'][quote name='Tromack']Yeah, legally binding contracts are shit. As long as you don't read the contract you are fine. If you read it and willingly disobey it, that is when you are shaq-fued.[/quote]

ROFL, you have got to be kidding me. :roll:

If you run a red light and tell the officer you thought it was legal.. does that get you off the hook?[/quote]

No, but that isn't a contract is it? No, its a law. I mean they could sue you and take you to court, but not knowing the contents of a contract and accidentally breaking it is a legal defense. If you are driving then you know that running a red light is illegal because you had to take a test (and if you didn't you are driving illegally). But it is a valid legal defense that you were unawared of every part of a contract. As I said before if you read the contract and willingly break it, then you are in extreme trouble, but if you are unaware of the contract and accidentally break it then you can easily fight it. This exists so that companies can't just create million page contracts that no person could ever read through and then if the person broke it, sue the hell out of them. That being said given the amount of research he has put into this if he was caught that wouldn't work for him.
 
Ignorance of the law dosent exclude you from it, No court in the country would except that excuse. The binding nature of the contract is implied by your purchase.
 
[quote name='Alpha2']Ignorance of the law dosent exclude you from it, No court in the country would except that excuse. The binding nature of the contract is implied by your purchase.[/quote]

Even though you can't read the "contract" until you open the package and read the instruction book?
 
[quote name='Alpha2']Ignorance of the law dosent exclude you from it, No court in the country would except that excuse. The binding nature of the contract is implied by your purchase.[/quote]
Yes, but they would accept it. Trust me, I'm right.
Take the case of Linus Torvalds and Linux. He decided not to research the code that people added to Linux, because if he did and they had indeed stolen it from someone else then he would be legally liable. He decided it was best to have a don't ask, don't tell policy so only the person who added the code would be legally liable because he had willingly broken copoyright laws.[/u]
 
There's actually a whole area of ocntract law that covers this question, jmcc. Shrinkwrap laws, as they're often called, suggest that once you remove the shrinkwrap on the package, you've consented to the terms of the contract within. Of course, some software companies go even further by forcing you to tear a sticker that states you are agreeing to follow the contract.

Tromack - not reading the contract will not excuse you from it. As long as you are receiving consideration (i.e. getting to play your game), the contract may be enforced.
 
[quote name='Tromack'][quote name='Alpha2']Ignorance of the law dosent exclude you from it, No court in the country would except that excuse. The binding nature of the contract is implied by your purchase.[/quote]
Yes, but they would accept it. Trust me, I'm right.
Take the case of Linus Torvalds and Linux. He decided not to research the code that people added to Linux, because if he did and they had indeed stolen it from someone else then he would be legally liable. He decided it was best to have a don't ask, don't tell policy so only the person who added the code would be legally liable because he had willingly broken copoyright laws.[/u][/quote]

Copyright and contract law are two different areas. You're seriously talking out of your ass here.
 
[quote name='BigHow']There's actually a whole area of ocntract law that covers this question, jmcc. Shrinkwrap laws, as they're often called, suggest that once you remove the shrinkwrap on the package, you've consented to the terms of the contract within. Of course, some software companies go even further by forcing you to tear a sticker that states you are agreeing to follow the contract.[/quote]

Cite statutes, please. If this is true I'm totally going to gain power of attorney over people at the next church bakesale.
 
[quote name='jmcc'][quote name='BigHow']There's actually a whole area of ocntract law that covers this question, jmcc. Shrinkwrap laws, as they're often called, suggest that once you remove the shrinkwrap on the package, you've consented to the terms of the contract within. Of course, some software companies go even further by forcing you to tear a sticker that states you are agreeing to follow the contract.[/quote]

Cite statutes, please. If this is true I'm totally going to gain power of attorney over people at the next church bakesale.[/quote]

I believe it only applies to software and things of that nature. Do you ever read the EULAs on games?
 
[quote name='PsyClerk'][quote name='jmcc'][quote name='BigHow']There's actually a whole area of ocntract law that covers this question, jmcc. Shrinkwrap laws, as they're often called, suggest that once you remove the shrinkwrap on the package, you've consented to the terms of the contract within. Of course, some software companies go even further by forcing you to tear a sticker that states you are agreeing to follow the contract.[/quote]

Cite statutes, please. If this is true I'm totally going to gain power of attorney over people at the next church bakesale.[/quote]

I believe it only applies to software and things of that nature. Do you ever read the EULAs on games?[/quote]

Mmm-hmm, mmm-hmm. Have some of my brownies, Psyclerk. They're delicious.
 
How do these shrinkwrap contracts apply to people who buy used software and games? Are the third party consumers still bound to contracts they may never have been aware of? Just curious.
 
[quote name='Tromack']Yeah, legally binding contracts are shit. As long as you don't read the contract you are fine. If you read it and willingly disobey it, that is when you are shaq-fued.[/quote]

That's completely absurd.

You're fine as long as you don't sign the contract.
 
[quote name='Tromack']
companies can't just create million page contracts that no person could ever read through and then if the person broke it, sue the hell out of them. [/quote]

Sigh, that Willie Wonka.. What a genius. But as Charlie's grandpa said "Go ahead and sign it Charlie... We got nothing to lose."
 
Anyway, we've gotten away from the point. Maybe you can copy a game if the company allows it, but I'm prety sure if you are trying to copy the game and then return it or something like that, you are probably doing something illegal.
 
Well, yes, but that is for a completely different reason, because by the act of returning the game you invalidate your software liscense... at which point you have no legal rights to the software you posses.

Of course, with most of the mods required to violate another part of copyright law (circumventing copyright protection).

All of these other arguments about shrinkwrap contracts are important to the future of the industry and to the issue of software liscining and copyright in general, but in this specific instance it may not be all that germane.

People are clouding the issue with a myriad of red herrings and appeals to emotion, so while there is some value to the conversation, most of it is lost, thanks to the original intent of the thread, which was a person trying to justify their own circumvention of copy protection on an Xbox.
 
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