News: EU Proposes Retroactive Copyright Extension 2008-07-17 03:14
from the nothing-lasts-forever dept.
The players own a copy of the software. It doesn't matter what EULA/ToS or "license" Blizzard claims to have with them. The players paid money at a retail outlet and bought a boxed copy of the software. They own it. They own the disc with the bits on it, and those bits constitute the copy of the software. Their right of first sale allows them to transfer that copy to another person (though Blizzard does not have to let the new person use their servers, obviously; but you can sell the box and the disc with its copy of the software, that is what's important).
Blizzard owns the copyright, so they get to control who can make new copies and who can prepare derivative works and who can give public performances of their work.
But other than the specific rights reserved to Blizzard by copyright law, end users can do anything they want with the copy of the software that they own.
Now, in the past some courts were interpreting their loading of this software into RAM as copying, and finding them guilty of infringement. Which caused troubles, and section 117 was added to resolve those troubles. Section 117 clearly says that if you copy a software program which you own into RAM in order to use it on your computer, and as long as you don't do anything with this copy in RAM other than using it on your computer (for example, transferring the bytes of it to a printer), then you are NOT infringing Blizzard's copyright on the software.
The judge's findings in this case are just wrong, he interpreted section 117 incorrectly. I hope it gets reversed on appeal.
IANAL ymmv wtfbbq
Much more importantly, you're guilty of copyright infringement simply by using the product that you paid to use. Quite the precedent. It's all this nonsense about per-device licensing, except in some sort of insane micromanagement level (which I suppose is to be expected from a company that's developed as many RTS games as Blizzard). This could very well outdo the RIAA in their quest to banish everyone from listening to music while simultaneously charging everyone for every song a dozen times.
This kind of bullshit really makes me want to avoid D3 (as if not losing four years of my life wasn't reason enough).
I worked for SafeNet in "quality assurance" when I was in high school (I'm 23 now) to test the quality of their hardware security solutions. And let me tell you, they are one of the worst companies on earth to work for. They treat their employees like crap, as they started laying off some of their best employees and brought in foreign help on H1B visas.
They really lost their way when they got out of the hardware based security business and became the cronies for the RIAA/MPAA. Contradiction is not a new thing to SafeNet. They claimed (and still claim) to be supporting the local economy in Harford County, Maryland, where their Corp HQ is, when all they were doing was outsourcing jobs and bringing in H1B workers to cut costs.
Terrible company, and I'm not surprised that they finally got caught in the web of their pathological lies.
It's sad. I often travel between the US and China on business ( I live on the China side ). I've always been careful with sensitive data, but now I'm absolutely fascist. Why? I have no fear of the Chinese government. Besides, I work for a Chinese company. I fear my own country illegally accessing files to which they have absolutely no rights whatsoever.
Honestly. If someone works for the US government, pulls some CEO's laptop at the boarder for "inspection" and gets free access to all the company financials, would they do the right thing? How many semi-intelligent people wouldn't be tempted to start buying stock options or call their best friend with a really good "tip"? Even if they SEC investigated, they would never find the link.
Over the last several years, I've always been treated very respectfully inside China and going to and from. It is in the US, my own country, where I'm treated as if I'm already guilty.
Back to the topic at hand. TrueCrypt is a wonderful product. Everyone should be using it.
You can't steal data. Its a physically nonsensical concept. The only way I can see actual theft working is if you were to use quantum teleportation to extract the electrons from one persons computer and place them in your own.
Distribution of trash media is part of what helps level the playing field. It means that people used to getting their data through conventional means now get it through the new medium, and thus are looking in the right place to find user generated content.
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