About showing pictures of hacked/illegal software

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the average no
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Re: About showing pictures of hacked/illegal software

Post by the average no »

Would just like to say thank you EmuandCo and Vic.

Hopefully there's no hard feelings towards anyone. Take care.

Z98
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Re: About showing pictures of hacked/illegal software

Post by Z98 »

As I stated previously, I don't care about the picture. What I do care about is the insinuation by the originator of the post about the means he took to get the ROM. Contrary to his belief, possession of the original cartridge does not grant him the 'right' to go download a ROM. The only 'right' copyright law permits is to dump a backup image of his own personal cartridge, but this is preempted by the DMCA if there is any sort of DRM or encryption of the cartridge. Circumventing that DRM is illegal under the DMCA. Therefore the only way to acquire a ROM image would be indirectly, in getting it from a third party. Except that third party is almost certainly violating the law, because there is little to no chance of them actually possessing the rights to distribute the ROMs and if the ROM was acquired via a torrent then the person who got the ROM is also sharing in the violation due to the nature of torrents. Furthermore, many games and consoles these days have EULAs that prohibit modification, so the 'right' to modify a game you own is not a given either. And while in Europe and Australia the force of these EULAs have been weakened in recent court cases, the same is NOT true in the US and in fact the restriction against modifications have actually been strengthened (Nintendo being one of the major litigating parties in fact). Which brings me back to the original point that all of you seem to have missed. I don't care about pictures of emulated games. I only start caring if someone starts dropping hints about modifications or ripping of ROMs or getting the ROMs. The original poster tripped the first one. Call it overzealous, but considering the grief the project went through the last time there arose an ambiguity regarding the project's respect for copyright law, which saw development basically cease for about a year, I am not likely to cease being overzealous when I see a too cavalier attitude regarding legal considerations. I do not care what each and any of you do in your personal time, but if you start a discussion or post on this forum, I expect you to show proper discretion and NOT provide any reason for the project or moderators to have to take notice of any potential law breaking.

MugenFighter
Posts: 333
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Re: About showing pictures of hacked/illegal software

Post by MugenFighter »

Z98 wrote:As I stated previously, I don't care about the picture. What I do care about is the insinuation by the originator of the post about the means he took to get the ROM. Contrary to his belief, possession of the original cartridge does not grant him the 'right' to go download a ROM. The only 'right' copyright law permits is to dump a backup image of his own personal cartridge, but this is preempted by the DMCA if there is any sort of DRM or encryption of the cartridge. Circumventing that DRM is illegal under the DMCA. Therefore the only way to acquire a ROM image would be indirectly, in getting it from a third party. Except that third party is almost certainly violating the law, because there is little to no chance of them actually possessing the rights to distribute the ROMs and if the ROM was acquired via a torrent then the person who got the ROM is also sharing in the violation due to the nature of torrents. Furthermore, many games and consoles these days have EULAs that prohibit modification, so the 'right' to modify a game you own is not a given either. And while in Europe and Australia the force of these EULAs have been weakened in recent court cases, the same is NOT true in the US and in fact the restriction against modifications have actually been strengthened (Nintendo being one of the major litigating parties in fact). Which brings me back to the original point that all of you seem to have missed. I don't care about pictures of emulated games. I only start caring if someone starts dropping hints about modifications or ripping of ROMs or getting the ROMs. The original poster tripped the first one. Call it overzealous, but considering the grief the project went through the last time there arose an ambiguity regarding the project's respect for copyright law, which saw development basically cease for about a year, I am not likely to cease being overzealous when I see a too cavalier attitude regarding legal considerations. I do not care what each and any of you do in your personal time, but if you start a discussion or post on this forum, I expect you to show proper discretion and NOT provide any reason for the project or moderators to have to take notice of any potential law breaking.
Where are you getting that these games are DRM protected? I tried searching and the closest thing I could find was downloads for the DSi. But I see where I got some misinformation on the law. It seems to be a commonly mis-cited rule. Sorry, I been through a lot lately and took your concern too personally. Can we agree to learn from this mistake?

Edit: I honestly feel bad that I treated you so poorly, I was not getting the right kind of information and I am sorry. The Internet can give you true information, as well as all kinds of false or outdated information.
Last edited by MugenFighter on Sat Nov 21, 2015 12:30 am, edited 2 times in total.
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PurpleGurl
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Re: About showing pictures of hacked/illegal software

Post by PurpleGurl »

The confusion comes from information floating around about the 1970's copyright laws. The DMCA made the restrictions stronger. Based on the older laws, you could translate any literary or electronic work to any format you needed, whatsoever. The only restriction was that you could only use ONE copy at a time. I mean, I could get someone to translate a non-English book into English, but I could not then give away nor sell the original and also keep the translation. But with the DMCA, if you have a copy of an electronic book in some encrypted format, you cannot break the encryption, even if you must do so in order to translate it to the only language you can read.

MugenFighter
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Re: About showing pictures of hacked/illegal software

Post by MugenFighter »

PurpleGurl wrote:The confusion comes from information floating around about the 1970's copyright laws. The DMCA made the restrictions stronger. Based on the older laws, you could translate any literary or electronic work to any format you needed, whatsoever. The only restriction was that you could only use ONE copy at a time. I mean, I could get someone to translate a non-English book into English, but I could not then give away nor sell the original and also keep the translation. But with the DMCA, if you have a copy of an electronic book in some encrypted format, you cannot break the encryption, even if you must do so in order to translate it to the only language you can read.
So if I understand right, under the DMCA any digital media with some soft of copy protection is protected, but what if it didn't use copy protection; for example, what if it was game that didn't have compiled data or DRM. Also would it still apply if I own the copyright to the thing, like for example the electronic book in some encrypted format.

Edit: I just don't want to make the same mistake again.
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erkinalp
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Re: About showing pictures of hacked/illegal software

Post by erkinalp »

MugenFighter wrote:So if I understand right, under the DMCA any digital media with some soft of copy protection is protected, but what if it didn't use copy protection; for example, what if it was game that didn't have compiled data or DRM. Also would it still apply if I own the copyright to the thing, like for example the electronic book in some encrypted format.

Edit: I just don't want to make the same mistake again.
You are allowed to break copy protection only if you are the copyritht holder or the author. Authors giving out rights may do so for their personal use only. Not in any other circumstance nor by anyone else, unless this is explicitly allowed by copyright holder(as in GPLv3).
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MugenFighter
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Re: About showing pictures of hacked/illegal software

Post by MugenFighter »

erkinalp wrote:You are allowed to break copy protection only if you are the copyritht holder or the author. Authors giving out rights may do so for their personal use only. Not in any other circumstance nor by anyone else, unless this is explicitly allowed by copyright holder(as in GPLv3).
Thanks, now I know what to avoid. Sorry, I'd just hate to go through this again. But at least I know my games I written from scratch for myself and have no copyrighted material in them should be ok to openly test software on. Also the software I written from scratch for myself I can do the same. I'll make sure if I do I'll mention that it is my own software and that the law should be followed to avoid any confusion.
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ImperialSpectre
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Re: About showing pictures of hacked/illegal software

Post by ImperialSpectre »

erkinalp wrote:
MugenFighter wrote:So if I understand right, under the DMCA any digital media with some soft of copy protection is protected, but what if it didn't use copy protection; for example, what if it was game that didn't have compiled data or DRM. Also would it still apply if I own the copyright to the thing, like for example the electronic book in some encrypted format.

Edit: I just don't want to make the same mistake again.
You are allowed to break copy protection only if you are the copyritht holder or the author. Authors giving out rights may do so for their personal use only. Not in any other circumstance nor by anyone else, unless this is explicitly allowed by copyright holder(as in GPLv3).
As long as they make the license clear that they are allowed to redistribute it and modify it otherwise if not, its definitely illegal here in the United Kingdom and falls under the Computer Misuse Act 1990 which states also the following " Unauthorised modification of computer material. Making, supplying or obtaining anything which can be used in computer misuse offences" and if I'm correct obtaining unauthorized modifications (i.e hacks) to software is deemed unacceptable under UK Law and is subject to heavy fines.....

MugenFighter
Posts: 333
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Re: About showing pictures of hacked/illegal software

Post by MugenFighter »

ImperialSpectre wrote:
erkinalp wrote:
MugenFighter wrote:So if I understand right, under the DMCA any digital media with some soft of copy protection is protected, but what if it didn't use copy protection; for example, what if it was game that didn't have compiled data or DRM. Also would it still apply if I own the copyright to the thing, like for example the electronic book in some encrypted format.

Edit: I just don't want to make the same mistake again.
You are allowed to break copy protection only if you are the copyritht holder or the author. Authors giving out rights may do so for their personal use only. Not in any other circumstance nor by anyone else, unless this is explicitly allowed by copyright holder(as in GPLv3).
As long as they make the license clear that they are allowed to redistribute it and modify it otherwise if not, its definitely illegal here in the United Kingdom and falls under the Computer Misuse Act 1990 which states also the following " Unauthorised modification of computer material. Making, supplying or obtaining anything which can be used in computer misuse offences" and if I'm correct obtaining unauthorized modifications (i.e hacks) to software is deemed unacceptable under UK Law and is subject to heavy fines.....
Thanks, if there is any software that I need to test for "hacking"; "modifying"; or "emulating", I'm sticking to my own software or at the very least I'm going to ensure that the license, author, or copyright holder (whoever or whatever I need the permission from) allows the use of such programs or acts.
I'm a MugenFighter, but not the one you are thinking about. I'm actually MugenFighterTube. Now don't ask about MugenFighter's characters.

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