PSO was pay-to-play but not really massive as you're restricted to four players per "instance" and the only area where more players can hang around is the lobby. Kinda like Guildwars with a monthly fee.
So it's your choice: The device that can still be made to run homebrew but requires additional stuff or the device that will no longer run homebrew but did back then without additional stuff?
Well it seems that the XBox does not ship with a EULA, but Microsoft is acting like it does
It could be argued that the device was used in a way outside of specification and therefore Microsoft can make no gurantees that the system will function the way the user intended. The XBox was designed to update properly provided the data on the HD complies with the device specifications. It was not a conscious decision of Microsoft to delete his data, it's a function built into his XBox. He could have modified the XBox to not change its firmware if it encounters updates since that update function is obviously not compatible with his other modifications and as such a bug he introduced into his system.
Car analogy: The maker isn't responsible if you modify part of the brakes but have mismatching fluid pipes somewhere that lead to the brakes failing.
Appliance analogy: The maker isn't responsible if you get electrocuted because you wired the toaster's power supply to its casing.
If there's still copyright on those car designs and noone in the toolchain obtains a license from the car manufacturer, yes. Well, I'm not so sure about the website but the kits are. Other popular things like Fan Fiction fall afoul of copyright law as well but that doesn't mean anyone cares.
Well, yes, but that doesn't mean MS is free to advertise the X360 as standing on its side if it's not capable of working properly that way. "It should be obvious that you shouldn't do that" doesn't seem to be a valid defense in a US courtroom.
Why would it be unlikely? It's only unlikely if we assume that a sale also grants you the copyright on the data on the medium which is obviously not the case. If you buy a book you're not free to just copy half of it and sell that but you're free to rip out pages and sell those (provided you find a buyer). If you buy a music CD you're not free to take random tracks out of there, burn them on a CD (even remixes thereof) and sell that. What you're creating by making a copy and modifying that is a derivative work as opposed to a modification to the original work. It doesn't matter that a game has more value than just the medium, what you buy is the medium and you can use it in any way you see fit as long as you don't copy it.
Besides, you are NOT legally allowed to build a copy of your car, that's a violation of at least the copyright on the car design, if not countless patents (which you'd get past if you bought those parts from the manufacturer but we're talking about building it yourself).
And that's different from these new high-density Hard Drives how?
You don't open a harddrive and exchange a platter if you want to watch a different movie. Harddrive platters remain in their protective cases for as long as they are in use and there's no dust or people in there to damage the platter (well, at least there shouldn't be...). Compare the number of scratches on the average harddrive platter and the average CD/DVD.
Which I doubt is the same as an EULA. Can anyone (who has dealt with rental contracts) confirm or deny whether that contract makes the IP licensed instead of the copy sold?
Aren't you? Of course you're only allowed to modify the copy you bought, not a copy thereof (i.e. you have to etch your mods into the disc directly), otherwise you fall afoul of the copy right. AFAIK it's not legal to build an exact copy of your car, either (copyrights, patents get in the way).
You can also resell the disc or any part of it (good luck finding a buyer for half a DVD, though maybe selling the manual or box could fetch a few bucks from some people). Where's your problem?
Although there is no contract between you and the publisher, what you have purchased is the media and the right to access the copyrighted work on the media
No you didn't. Copyright is the right to control who gets to copy your work, nothing else. Anyone can use the work however they see fit (I'm not sure about public performance and how that's handled but I'd guess that falls under distribution) as long as they don't copy it. The right to use something is granted by the owner (in this case the owner of the copy), not the copyright holder.
Can't say I've bought either of those but I've checked enough games the last few times this topic popped up. I think you have to write "To use the included product you must agree to the included EULA" on the box for console software as it can not be "reasonably expected" (the term the judge used in the last pro-EULA ruling) to be bound by such a contract to even give it a chance in court and since the software doesn't ask you to agree you can just say "I refused to agree to that" (since agreement to the contract implies the ability to use the software but not the other way around).
Some drives (e.g. portable CD players) can be operated vertically so the official endorsement of vertical orientation would suggest that the system's drive was designed and tested for that.
Lexmark sold ink cartridges for a reduced price if the user agreed to returning the empty cartridge to Lexmark afterwards. This was a special offer known at the time of purchase. I.e. that'd be a contract between you and Lexmark established when you buy the product. You can choose not to agree to that and pay the regular price instead.
Unless the x360 changed that, console games are NOT licensed, they are bought. There is no EULA in console games and the only contract applying to them is the sales contract.
It's interesting how we get all those stories about PSP hacking, PSP homebrew, etc, etc yet I don't recall a single story about the DS homebrew scene (which is a bit larger as the device has weaker DRM systems and accepts readily available homebrew material like flash cartridges without complaining) and not nearly as much about GBA homebrew. Are people more interested in the PSP because it's harder to use for homebrew, because there's something important about the PSP that the DS doesn't provide or are they just more interested because the PSP is getting few games lately?
If it's in a condition, it's not an assignment, or if it is, it's non-sensical.
Those languages don't allow for context-dependent meanings. That may be important for some parsers (the language is no longer context free) and it increases readability. Plus it's harder to handle if you have an interactive mode since you really no longer know what the user wants.
Who wants to have an assignment prior to a condition for equality?
Because then
If (A = B) Then
C = True Else
C = False Fi
can be turned into
C = A == B
which is both faster to write and easier to understand (C is now equivalent to the expression A == B). Plus it's easier to prove.
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PSO was pay-to-play but not really massive as you're restricted to four players per "instance" and the only area where more players can hang around is the lobby. Kinda like Guildwars with a monthly fee.
So it's your choice: The device that can still be made to run homebrew but requires additional stuff or the device that will no longer run homebrew but did back then without additional stuff?
Well it seems that the XBox does not ship with a EULA, but Microsoft is acting like it does
It could be argued that the device was used in a way outside of specification and therefore Microsoft can make no gurantees that the system will function the way the user intended. The XBox was designed to update properly provided the data on the HD complies with the device specifications. It was not a conscious decision of Microsoft to delete his data, it's a function built into his XBox. He could have modified the XBox to not change its firmware if it encounters updates since that update function is obviously not compatible with his other modifications and as such a bug he introduced into his system.
Car analogy: The maker isn't responsible if you modify part of the brakes but have mismatching fluid pipes somewhere that lead to the brakes failing.
Appliance analogy: The maker isn't responsible if you get electrocuted because you wired the toaster's power supply to its casing.
So you're saying that all of the kit car resources such as this one http://www.kitcarsales.co.uk/ are illegal?
If there's still copyright on those car designs and noone in the toolchain obtains a license from the car manufacturer, yes. Well, I'm not so sure about the website but the kits are. Other popular things like Fan Fiction fall afoul of copyright law as well but that doesn't mean anyone cares.
Apparently, it went Gold, but it wasn't even close to complete.
Which makes it different from other MMORPGs... how?
Except an EULA would be useless for them as EULAs forbid rent or lease.
Yes but how about right now? You can go out right now and buy a DS that can be set to accept homebrew.
BTW, I'm not sure, can a DS still play new games after being reflashed for homebrew?
Well, yes, but that doesn't mean MS is free to advertise the X360 as standing on its side if it's not capable of working properly that way. "It should be obvious that you shouldn't do that" doesn't seem to be a valid defense in a US courtroom.
Why would it be unlikely? It's only unlikely if we assume that a sale also grants you the copyright on the data on the medium which is obviously not the case. If you buy a book you're not free to just copy half of it and sell that but you're free to rip out pages and sell those (provided you find a buyer). If you buy a music CD you're not free to take random tracks out of there, burn them on a CD (even remixes thereof) and sell that. What you're creating by making a copy and modifying that is a derivative work as opposed to a modification to the original work. It doesn't matter that a game has more value than just the medium, what you buy is the medium and you can use it in any way you see fit as long as you don't copy it.
Besides, you are NOT legally allowed to build a copy of your car, that's a violation of at least the copyright on the car design, if not countless patents (which you'd get past if you bought those parts from the manufacturer but we're talking about building it yourself).
And that's different from these new high-density Hard Drives how?
You don't open a harddrive and exchange a platter if you want to watch a different movie. Harddrive platters remain in their protective cases for as long as they are in use and there's no dust or people in there to damage the platter (well, at least there shouldn't be...). Compare the number of scratches on the average harddrive platter and the average CD/DVD.
Not really a comparison because you can't just go out and buy a homebrew-capable PSP in a store.
Which I doubt is the same as an EULA. Can anyone (who has dealt with rental contracts) confirm or deny whether that contract makes the IP licensed instead of the copy sold?
Aren't you? Of course you're only allowed to modify the copy you bought, not a copy thereof (i.e. you have to etch your mods into the disc directly), otherwise you fall afoul of the copy right. AFAIK it's not legal to build an exact copy of your car, either (copyrights, patents get in the way).
You can also resell the disc or any part of it (good luck finding a buyer for half a DVD, though maybe selling the manual or box could fetch a few bucks from some people). Where's your problem?
Although there is no contract between you and the publisher, what you have purchased is the media and the right to access the copyrighted work on the media
No you didn't. Copyright is the right to control who gets to copy your work, nothing else. Anyone can use the work however they see fit (I'm not sure about public performance and how that's handled but I'd guess that falls under distribution) as long as they don't copy it. The right to use something is granted by the owner (in this case the owner of the copy), not the copyright holder.
Can't say I've bought either of those but I've checked enough games the last few times this topic popped up. I think you have to write "To use the included product you must agree to the included EULA" on the box for console software as it can not be "reasonably expected" (the term the judge used in the last pro-EULA ruling) to be bound by such a contract to even give it a chance in court and since the software doesn't ask you to agree you can just say "I refused to agree to that" (since agreement to the contract implies the ability to use the software but not the other way around).
Some drives (e.g. portable CD players) can be operated vertically so the official endorsement of vertical orientation would suggest that the system's drive was designed and tested for that.
Lexmark sold ink cartridges for a reduced price if the user agreed to returning the empty cartridge to Lexmark afterwards. This was a special offer known at the time of purchase. I.e. that'd be a contract between you and Lexmark established when you buy the product. You can choose not to agree to that and pay the regular price instead.
No, nothing there. Maybe a notice on the rating system or (less and less common) the developer credits but nothing that would qualify as an EULA.
The unit is mounted vertically in Microsoft's demo kiosks, if that makes it damage discs that'd be false advertising.
Yeah, stories like "Plane crashes, 300 dead" are sensationalist, why don't they write stories about the billions of people who didn't die that day?
Unless the x360 changed that, console games are NOT licensed, they are bought. There is no EULA in console games and the only contract applying to them is the sales contract.
Derek Smart only appears if you say "Derek Smart" three times. Otherwise it's not worth the attention of Derek Smart.
The PSP won't accept code on the memstick without complaining. At least not if you want to play any of the newer games.
It's interesting how we get all those stories about PSP hacking, PSP homebrew, etc, etc yet I don't recall a single story about the DS homebrew scene (which is a bit larger as the device has weaker DRM systems and accepts readily available homebrew material like flash cartridges without complaining) and not nearly as much about GBA homebrew. Are people more interested in the PSP because it's harder to use for homebrew, because there's something important about the PSP that the DS doesn't provide or are they just more interested because the PSP is getting few games lately?
Those languages don't allow for context-dependent meanings. That may be important for some parsers (the language is no longer context free) and it increases readability. Plus it's harder to handle if you have an interactive mode since you really no longer know what the user wants.
Who wants to have an assignment prior to a condition for equality?
Because thencan be turned intowhich is both faster to write and easier to understand (C is now equivalent to the expression A == B). Plus it's easier to prove.
Because the "War on Terror" causes much more terror (fear) than the groups it is fought against.