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I know im skirting the AUP here but Ive found some uhm older arcade games on Fileplanet, specifically classicgaming section of fileplanet? Now my question is how can it be illegal to have a rom if fileplanet, A large US corperation operiating in CA and an easy target for lawsuits, has them available for download?
I guess they have made a deal with the devil, that would explain certain things.
THEY ARE THE MINIONS OF THE DEVILQuote:
Originally posted by NatakuARN
I guess they have made a deal with the devil, that would explain certain things.
And the devil is, of course, a mime!
EVIL MIMES!!!
Where's that thread hijack image when I need it?!?
I dunno Recon, but all I can say is in an age where software has more protection rights than some human beings, I'm not surprized at all to see a little overlap in the semantics seaway...
you mean this one?: http://home.triad.rr.com/ahpook/kittybath.jpgQuote:
Originally posted by BoogyMan
Where's that thread hijack image when I need it?!?
or this one?: https://www.sharkyforums.com/
Err guys dont make me quote Star Wars...
"Stay On Target" ;)
I was under the impression roms were legal as long as you deleted them within 24 hours or had the game in your possesion......I dont follow it, but that may be how they can do it :D
A lot of classic games become 'abandonware' after a while, meaning they are available for free. That could explain it, or it could be that ROMs aren't inherently illegal, but they are if you don't own the game.
sigh.... although these laws are not global they should be, abandon, warez and whatever is theft.. ever borrow a car and try return it after 24 hrs.. try it see how the law reacts... we have things called demos that we take for a test drive...
http://www.siia.net/piracy/copyright/24hr.asp
Copyright Law & Related Issues
SPA Policy Statement on the 24-hour Rule and Abandonware
Urban Legends Established to Promote Copyright Infringement
The 24-hour rule and Abandonware are urban legends created and circulated to justify violations of copyright law on the Internet. The 24-hour rule claims that a user can download a program and use it for 24 hours to determine if they want to continue use-they then have to delete it or buy it. Adandonware is a term used to describe software that a copyright holder has ceased distributing or supporting for more then five years. In fact, neither exists under copyright law.
The 24-hour Rule
"Anyone who violates any of the exclusive rights of the copyright owner [reproduction, adaptation, distribution to the public, public performance, public display, rental for commercial advantage or importation] is an infringer of the copyright or the right of the author..." Section 501(a) of the Copyright Act. Infringement may occur by downloading software, uploading software, making software available for download, and transmitting software files.
Whenever the distribution of a computer program occurs without the consent of the copyright holder, normally the publisher of the product, it is a direct infringement of the copyright law. The unauthorized reproduction or distribution of a program, even for only 24 hours, is illegal. The amount of time is not an exempting factor.
To assist users in evaluating software, many publishers offer trial versions of software. The license specifically defines the period of time for use and requires the user to either delete the program or buy it, after that time has expired. However, only publishers and their authorized distributor may offer trial versions.
Users who promote the mythical 24-hour rule are attempting to justify their infringing activity. They establish sites to illegally distribute software under the false premise that it is legal to do so, as long as the downloader buys or deletes it after 24 hours. Those who provide the software, and those who download the software, often unsuspecting or unknowledgeable users, may be held liable for this activity.
Abandonware
Section 302 of the copyright law specifies the duration of copyrights. For works created after 1978, the copyright lasts for the life of the author plus fifty years, or, in the case of anonymous works, pseudonymous works, and works made for hire, the "copyright endures for a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation, whichever expires first." 17 USC Section 302(c). The copyright law does not impose an obligation on the part of the copyright owner to market the work or otherwise make it available to the public for any period of time.
Thus, the notion of the abandonment of a copyright due to a lack of distribution, technical support, or even the copyright holder's going out of business, is false. Furthermore, as most software becomes outdated after ten years, few people would have use for 75 year-old product.
Similarly to those users who promote the 24-hour rule, the concept of abandonware is an attempt to justify copyright infringement. Abandonware does not exist. Users who establish abandonware sites and users who download titles from them are both liable under copyright law.
Abandonware is perfectly legitimate in the case that the author/copyright holder no longer cares to collct royalties for their software. Ther are some games which are freely distributed after their life cycle simply becuase they are not profitable.
Generally speaking though, you are right a lot of 'abandonware' is still illegal, but is no longer sold, supported or even recognized by the copyright holder so you would rarely see any legal action by using it.
My point was if these Roms are so illegal isnt fileplanet a nice big JUCY target?
I doubt fileplanet is hosting illegal software. They most likely have some kind of agreement to carry them, or they are all technically abandonware. If for some reason they _were illegal, then I doubt _you would be able to do much about it. You might be able to get them pulled or get one of the copyright holders to file suit, but what exactly would _you sue them for? AFAIK you have not suffered any damages from their actions, unless of course you wrote or own one of those games.
If you could share a link to the files in question I might be able to tell a little better.
At any rate, even if you can sue, don't. It's not like it's hurting you, and the last thing our country needs is yet another person looking for a free ride...
You missed the point of my post, I dont want to sue I want to know if fileplanet is hosting this crap can we finaly start talking about the roms fileplanet has, because as far as I can see a corperation usually stays away from illegal activites especially ones carrying a large price tag.
hell I have one of the largest collections of MAME you;ll ever see Im the last one to say this stuff is bad.