You are incorrect sir. A one-sided contract is completely legal as long as you are not harmed by declining it. In the USA there are consequences for being a dumbass.
There is nothing authoritarian about it. it is a complete luxury good. You are free to walk away. You and you alone decide what happens. That is the exact opposite of authoritarian.
You need to look up unconscionable. A contract that is one sided in terms is not considered unconscionable unless the bargaining positions are also one side.
The case is Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (C.A. D.C. 1965)
It's in no way a one-sided contract. A kindle is a luxury item. You can simply not buy one. You the customer have all the power, all the control. Thus it's impossible for such a contract to be unconscionable.
No it's completely your logic. Congress defines a literary work as, " âoeLiterary worksâ are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied." Title 17 Chapter 1 Section 101.
This claim you make that a bit set to 1 violated the copy protection on everything is both nonsensical and yours alone.
Second please do not put words in my mouth. Where do I say the law is borked?
2. Your post is nonsensical. By your logic anyone who posts a bit set to 1 is in violation of the copyright of Gone With the Wind since that movie has a bit set to 1 and
because every part of the work is copyrighted, the amount you distribute has nothing to do with whether or not you've distributed copyrighted material.
Since you used words in your post that are used in copyright protected works is your post in violation of copyright?
Really? If someone sends you x of y chunks that make up a torrent what have they provided you? Say they send you 34% of an episode of Dexter? Can you now watch 34% of that episode?
Technically it's not. The crime is question is violation of copyright. Could also be described as making an unauthorized copy. The uploader is the only one doing that. Possession of an unauthorized copy is not a crime.
This is also why BT users have been immune. Why they've gone after the trackers.
When you download from BT you never receive the whole file from one person. So is anyone really making a copy? Until the laws catch up with the tech no one wants to adress this in court.
VPNs have been in use forever, at least in computer terms. Every remote user in the business work uses a VPN. Likely on a daily basis. To make the claim that someone using one is doing something illegal is nonsensical.
It's not bartering at all. You said there's no profit for the studio at all. You implied CL and Ebay were some how fundamentally different than EB. I'm trying to point out fundamental flaws.
All three are exactly the same. Just because CL is a better deal than EB does not make it different and does not make it barter. Removing the middle man does not equal barter. It equals efficiency. It equals savy. It's simply a consumer _selling_ at the best possible price.
On my local CL right now there are exactly 0 people looking to trade games and many many looking to buy and sell.
It's no where near zero sum. Those games had to come from a studio. Which means someone who buys games from a studio had to sell it on CL. Thus we have money going from your CL only person to a person who game money to a studio.
Yes there are groups of people who will never buy a game at full price. These exist in any sector, not just video games, and trying to get them to pay full price is pointless. We have a lady at work that hits the grocery stores every day at lunch to grab the loss leader items. They take joy in not paying full price. It's a hobby. It's what motivates them.
And we're back at my first post example. Bob, the CL buyer, is subsidizing Alice's industry purchases allowing her to give more money to the industry than she normally would.
Selling it on craigslist or ebay is essentially bartering
That is completely false. Craig's list is not a closed circle. It's not zero-sum. These games that "they can indefinitely continue buying and re-selling" Where do these games come from? What was the original source?
Insult fail. What I describe is completely the opposite of the RIAA's position. They would shut down used sales in a heard beat if there was any legal basis for it.
1)Doesn't matter which studio the money goes to. It's still going to the industry. The example is still valid if you change it to $game0 and $game1.
2)It's also possible for Alice and Bob to spend their cash on hookers and blow. Then the industry gets $0.
Care to share any of these better reasons or you just going to continue to attack the poster?
I'm not a mind reader. I'm going to take your words at what they say. EB/GS is so entrenched a lot of people don't know they have alternatives. EB is bad. Buy for $20 sell for $55. Exactly what you said.
Customers exchanging games directly via ebay and craigslist is essentially a zero-sum game and doesn't really affect game sales since there's no potential money (I hope that makes sense to you, not sure how to describe it better).
That's not what I meant. I meant sell the game on craig's list or ebay. I didn't explicitly use the word sell in regards to those two but the whole post was about selling and I never mentioned trade so I'm not sure where that came from. Ebay doesn't have a barter option last time I checked.
Another question for you. What are the slippery slope problems with banning used game sales? Do garage and boot sales now become illegal? Swap meets and flea markets? Ebay? Goodwill/Salvation Army stores? Antique shops? They're all used sales.
That's what I like to call the stupid way. Don't use EB. Seriously. There's never a reason to use EB/Gamestop. Ever. If you want something on release day go to the big-box. They have hundreds of copies. Hell via bestbuy.com can order it for in store pickup before the store opens thus guaranteeing you a copy. There are local stores in my town that pay more than EB and sell the games for less than EB.
What about ebay?
What about craigslist?
There are plenty of ways to get more money than EB/Gamestop will give you. EB/GS is literally the worst possible choice for a gamer.
8) SALT II would have long been abandoned and Earth would be surrounded by nuke armed stations.
8.5 Some part of the earth would be irradiated due to an on the pad explosion. 8.75 Some part of the earth would be irradiated due to a post launch explosion. 8.875 Some part of the earth would be irradiated due to a satellite failing/being sabotaged.
Regardless of the waiting disasters it's generally not a good idea to put nukes somewhere you can neither defend nor maintain them.
In some issues Windows XP users may have problems with GameGuard due to the fact that the same "Windows Product Key" is installed on two computers and on the same router.
Both my machines have the same product key. Both are 100% fully legal. Both are on the same router.
I am doing nothing wrong yet their DRM will prevent me from playing the game.
It's all about innovation rather than algorithm. PvP vs PvE not MMPOG vs RTS or FPS
PvE MMPOG, RTS, and FPS are all the same. You are presented with an algorithm that you need to learn. Once you've learned it you adapt your behavior in a way that the algorithm can't handle. Then you win.
PvP MMPOG, RTS, and FPS are all the same. You are presented with an innovating opponent. One able to both present new and unique challenges and to adapt. You cannot come up with an algorithm to beat it.
A computer program is programmed to be challenging.
Humans are responsible for all bad things! Humans are not part of nature! That's what the media tells me. How dare something else be responsible! How dare our actions not be as important as we think they are!
Consider this: prehistoric man had to be MORE intelligent to survive then modern man. If all electrical devices stop working tomorrow, a significant % of the population will be dead within 4 weeks.
You're confusing knowledge and intelligence.
We're all capable of learning how to live off the land. We've simply never learned how due to lack of need.
Slashdot Mirror
You are incorrect sir. A one-sided contract is completely legal as long as you are not harmed by declining it. In the USA there are consequences for being a dumbass.
No in fact it works exactly as I state it does.
There is nothing authoritarian about it. it is a complete luxury good. You are free to walk away. You and you alone decide what happens. That is the exact opposite of authoritarian.
You need to look up unconscionable. A contract that is one sided in terms is not considered unconscionable unless the bargaining positions are also one side.
The case is Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (C.A. D.C. 1965)
Not in this case.
It's in no way a one-sided contract. A kindle is a luxury item. You can simply not buy one. You the customer have all the power, all the control. Thus it's impossible for such a contract to be unconscionable.
No it's completely your logic. Congress defines a literary work as, " âoeLiterary worksâ are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied." Title 17 Chapter 1 Section 101.
This claim you make that a bit set to 1 violated the copy protection on everything is both nonsensical and yours alone.
Second please do not put words in my mouth. Where do I say the law is borked?
Since we're already in the realm of crazy fiction. Sure that works for me.
It would move very quickly provided the road never narrowed. Merging causes backups for miles.
1. I didn't ask a single rhetorical question.
2. Your post is nonsensical. By your logic anyone who posts a bit set to 1 is in violation of the copyright of Gone With the Wind since that movie has a bit set to 1 and
because every part of the work is copyrighted, the amount you distribute has nothing to do with whether or not you've distributed copyrighted material.
Since you used words in your post that are used in copyright protected works is your post in violation of copyright?
Really? If someone sends you x of y chunks that make up a torrent what have they provided you? Say they send you 34% of an episode of Dexter? Can you now watch 34% of that episode?
Technically it's not. The crime is question is violation of copyright. Could also be described as making an unauthorized copy. The uploader is the only one doing that. Possession of an unauthorized copy is not a crime.
This is also why BT users have been immune. Why they've gone after the trackers.
When you download from BT you never receive the whole file from one person. So is anyone really making a copy? Until the laws catch up with the tech no one wants to adress this in court.
VPNs have been in use forever, at least in computer terms. Every remote user in the business work uses a VPN. Likely on a daily basis. To make the claim that someone using one is doing something illegal is nonsensical.
There's also the problem that most all our hydrogen comes from fossil fuels.
It's not bartering at all. You said there's no profit for the studio at all. You implied CL and Ebay were some how fundamentally different than EB. I'm trying to point out fundamental flaws.
All three are exactly the same. Just because CL is a better deal than EB does not make it different and does not make it barter. Removing the middle man does not equal barter. It equals efficiency. It equals savy. It's simply a consumer _selling_ at the best possible price.
On my local CL right now there are exactly 0 people looking to trade games and many many looking to buy and sell.
It's no where near zero sum. Those games had to come from a studio. Which means someone who buys games from a studio had to sell it on CL. Thus we have money going from your CL only person to a person who game money to a studio.
Yes there are groups of people who will never buy a game at full price. These exist in any sector, not just video games, and trying to get them to pay full price is pointless. We have a lady at work that hits the grocery stores every day at lunch to grab the loss leader items. They take joy in not paying full price. It's a hobby. It's what motivates them.
And we're back at my first post example. Bob, the CL buyer, is subsidizing Alice's industry purchases allowing her to give more money to the industry than she normally would.
Selling it on craigslist or ebay is essentially bartering
That is completely false. Craig's list is not a closed circle. It's not zero-sum. These games that "they can indefinitely continue buying and re-selling" Where do these games come from? What was the original source?
You have the internet there or you couldn't have posted that thus you can use craig's list or ebay.
Insult fail. What I describe is completely the opposite of the RIAA's position. They would shut down used sales in a heard beat if there was any legal basis for it.
1)Doesn't matter which studio the money goes to. It's still going to the industry. The example is still valid if you change it to $game0 and $game1.
2)It's also possible for Alice and Bob to spend their cash on hookers and blow. Then the industry gets $0.
Care to share any of these better reasons or you just going to continue to attack the poster?
I'm not a mind reader. I'm going to take your words at what they say. EB/GS is so entrenched a lot of people don't know they have alternatives. EB is bad. Buy for $20 sell for $55. Exactly what you said.
Customers exchanging games directly via ebay and craigslist is essentially a zero-sum game and doesn't really affect game sales since there's no potential money (I hope that makes sense to you, not sure how to describe it better).
That's not what I meant. I meant sell the game on craig's list or ebay. I didn't explicitly use the word sell in regards to those two but the whole post was about selling and I never mentioned trade so I'm not sure where that came from. Ebay doesn't have a barter option last time I checked.
Another question for you. What are the slippery slope problems with banning used game sales? Do garage and boot sales now become illegal? Swap meets and flea markets? Ebay? Goodwill/Salvation Army stores? Antique shops? They're all used sales.
That's what I like to call the stupid way. Don't use EB. Seriously. There's never a reason to use EB/Gamestop. Ever. If you want something on release day go to the big-box. They have hundreds of copies. Hell via bestbuy.com can order it for in store pickup before the store opens thus guaranteeing you a copy. There are local stores in my town that pay more than EB and sell the games for less than EB.
What about ebay?
What about craigslist?
There are plenty of ways to get more money than EB/Gamestop will give you. EB/GS is literally the worst possible choice for a gamer.
So don't go to Gamestop. There are local places in my town that give you more than game stop and sell the game for less then gamestop.
Alice has $90.
Bob has $30.
No used:
Alice buys Gears of War.
Money given to studios - $60
With used:
Alice buys Gears of War.
Alice sells GoW to Bob.
Alice buys GoW2
Money given to studios - $120
Used stores allow people who don't have enough to buy games new or don't want to buy games new to funnel their money to those who do.
Additionally it exposes more people to games sowing the seeds for future full price purchases when their spending habits and/or income changes.
8) SALT II would have long been abandoned and Earth would be surrounded by nuke armed stations.
8.5 Some part of the earth would be irradiated due to an on the pad explosion.
8.75 Some part of the earth would be irradiated due to a post launch explosion.
8.875 Some part of the earth would be irradiated due to a satellite failing/being sabotaged.
Regardless of the waiting disasters it's generally not a good idea to put nukes somewhere you can neither defend nor maintain them.
In some issues Windows XP users may have problems with GameGuard due to the fact that the same "Windows Product Key" is installed on two computers and on the same router.
Both my machines have the same product key. Both are 100% fully legal. Both are on the same router.
I am doing nothing wrong yet their DRM will prevent me from playing the game.
It's all about innovation rather than algorithm. PvP vs PvE not MMPOG vs RTS or FPS
PvE MMPOG, RTS, and FPS are all the same. You are presented with an algorithm that you need to learn. Once you've learned it you adapt your behavior in a way that the algorithm can't handle. Then you win.
PvP MMPOG, RTS, and FPS are all the same. You are presented with an innovating opponent. One able to both present new and unique challenges and to adapt. You cannot come up with an algorithm to beat it.
A computer program is programmed to be challenging.
A human wants to beat you.
What?! I'm outraged!
Humans are responsible for all bad things! Humans are not part of nature! That's what the media tells me. How dare something else be responsible! How dare our actions not be as important as we think they are!
What are you talking about?
You can buy a Hyosung GT-250 Comet for ~$2,700.
They get around 112.9 mpg with standard gas.
Consider this: prehistoric man had to be MORE intelligent to survive then modern man. If all electrical devices stop working tomorrow, a significant % of the population will be dead within 4 weeks.
You're confusing knowledge and intelligence.
We're all capable of learning how to live off the land. We've simply never learned how due to lack of need.