You might have a problem if there is a revolution.. I am sure some nice people on the internet will help you get your money out of the country if you write to them.
Embezzlement of countless billions : 5 years Stealing a slice of Pizza : life Murder : life or death penalty Copyright infringement : Life , then the death penalty , then your family are sold into slavery
"I'm gonna go out on a limb" Sounds more like you're putting your best foot forward , I totally agree . Either that or they made the Daikatana error , or as Public enemy would say "Don't believe the hype , its a sequel . as an equal can I get this through to you"(had to) . The SpikeTV awards a complete joke , except they are not funny.. so they are like a "Dharma and Greg" joke
Some great movies have been made using windows : Crash , Unstable , Dos Boot , Virus,The spy(ware) Who shagged me , Homers The Iliad (Think troy) and Dawn of the dead.
Well if your going to get music online, I see no difference between getting it for free off of bittorrent or paying for it from allofmp3.com. Either way the Music execs get nothing (nor the artists ) and it is fairly unofficial.
I don't think I will ever buy another Sony CD again.I want to pay for music, I don't however want to spend my time removing kernel extensions , My time costs money.Sure right now I could rip it with Linux or FreeBSD, but it is only a matter of time before they try something there as well.
At least I am not nailed to the wall with any of the DMCA's viscera.
Saving all of civilisation is a fairly redundant cost.. I mean if you didn't save it you wouldn't have the money anyway . Cost cutting measure are all well and good , but not if the cost cutting is going to totally annihilate your entire market
Well Hurd has RMS(and a fair few others) and he is a one man Army of fanatics in and of himself , will have to wait and see how HURD comes along (eventually) . As for Darwin well I am sure Apple and OS X users may disagree there
That pretty much sounds like ATI and Punk-busters problem not Cedega's problem . ATI do not make great linux drivers and punk buster don't make linux software AFAIK .
I was thinking of going round to their house in a lab coat and white hat , erecting a massive Pi symbol and setting fire to it . Later we will hunt them down and stick them in a box with some potentially deadly materials and let them both die and not die .
180solutions and Gammacash have put up a show claiming to be the good guys here and helping stop these scurrilous cads . So will there even be an investigation into their affairs.
Perhaps I am a touch cynical , but I very much doubt they had no idea how a lot of their affiliates work . Did they even look into the business they work with , see if they are legitimate . Perhaps they did not know and were just inept , I very much doubt it though .
I wonder if there is any precedent about the description . To me just saying copy-protecttion is woefully inadequate and misrepresentative of its function beyond the pure face value .
I am not familiar with the US consumer rights act but to quote an amendment to the federal trade commission act
`(b) PROHIBITED ACTS- `(1) The introduction into commerce, sale, offering for sale, or advertising for sale of a prerecorded digital music disc product which is mislabeled or falsely or deceptively advertised or invoiced, within the meaning of this section or any rules or regulations prescribed by the Commission pursuant to subsection (d), is unlawful and shall be deemed an unfair method of competition and an unfair and deceptive act or practice in commerce under section 5(a)(1).
`(2) Prior to the time a prerecorded digital music disc product is sold and delivered to the ultimate consumer, it shall be unlawful to remove or mutilate, or cause or participate in the removal or mutilation of, any label required by this section or any rules or regulations prescribed by the Commission pursuant to subsection (d) to be affixed to such prerecorded digital music disc product. Any person violating this subsection shall be deemed to have engaged in an unfair method of competition and an unfair and deceptive act or practice in commerce under this Act
and
(b) FAIR USE RESTORATION- Section 1201(c) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting before the period at the end the following: `and it is not a violation of this section to circumvent a technological measure in connection with access to, or the use of, a work if such circumvention does not result in an infringement of the copyright in the work'; and (2) by adding at the end the following new paragraph: `(5) It shall not be a violation of this title to manufacture, distribute, or make noninfringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work.'.
So perhaps it is illegal , You would need to prove that it is mislabelled.. of course IANAL and from a brief reading of the act this is the best I could find.It does not tell you about this software so it is perhaps mislabelled unless the notice of the copy protection counts.It would need to be tried in court
I should have cross referenced that with other parts of the act
Other Amendments to 1982 Act
12. - (1) In section 18(1) after the definition of "hire purchase agreement" there is inserted -
" "producer" means the manufacturer of goods, the importer of goods into the European Economic Area or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;".
(2) In section 18(1) after the definition of "redemption" there is inserted -
" "repair" means, in cases where there is a lack of conformity in goods for the purposes of this Act, to bring the goods into conformity with the contract.".
AMENDMENTS TO THE SUPPLY OF GOODS (IMPLIED TERMS)ACT 1973
And to invalidate the EULA
Additional implied terms in consumer cases
3. - (1) Section 14 of the Sale of Goods Act 1979 is amended as follows.
(2) After subsection (2C) insert -
" (2D) If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
(2E) A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that -
(a) at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,
(b) before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or
(c) the decision to buy the goods could not have been influenced by the statement.
(2F) Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.".
Even if the EULA were to be a valid contract (which it isn't in many places , and probably isn't in many others) A contract can not exempt any party from an act which contravenes any current laws.
To quote the UK Sale of goods act 2002
48A Introductory
(1) This section applies if -
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right -
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below -
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if -
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
48B Repair or replacement of the goods
(1) If section 48A above applies, the buyer may require the seller -
(a) to repair the goods, or
(b) to replace the goods.
(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is -
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account -
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.
(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to -
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired.
Sony did not mention this at the point of sale and therefor would be liable for repair of the problem.. IANAL but this is my interpretation of this part of the act
Slashdot Mirror
You might have a problem if there is a revolution .. I am sure some nice people on the internet will help you get your money out of the country if you write to them.
They have had those for a while , they are called condoms (Though not an 100% defence)
Sex is more important than death
Actually I had it originally but then I thought this was only copyright infringement not breaking an NDA
Embezzlement of countless billions : 5 years
Stealing a slice of Pizza : life
Murder : life or death penalty
Copyright infringement : Life , then the death penalty , then your family are sold into slavery
"I'm gonna go out on a limb" Sounds more like you're putting your best foot forward , I totally agree . .. so they are like a "Dharma and Greg" joke
Either that or they made the Daikatana error , or as Public enemy would say "Don't believe the hype , its a sequel . as an equal can I get this through to you"(had to) .
The SpikeTV awards a complete joke , except they are not funny
How can the Xbox 360 launch get 4 stars and a 1up .. It hasn't been launched yet . Talk about jumping the gun a little , it is still pre-hype .
Some great movies have been made using windows : Crash , Unstable , Dos Boot , Virus,The spy(ware) Who shagged me , Homers The Iliad (Think troy) and Dawn of the dead.
On the other hand ,Imagine Millions of AIM users being Forcibly converted to Jabber "dr00lz0rz"
The missing letters are surpassingly similar to Iraq phonetically
Well if your going to get music online, I see no difference between getting it for free off of bittorrent or paying for it from allofmp3.com.
.I want to pay for music, I don't however want to spend my time removing kernel extensions , My time costs money .Sure right now I could rip it with Linux or FreeBSD, but it is only a matter of time before they try something there as well.
Either way the Music execs get nothing (nor the artists ) and it is fairly unofficial.
I don't think I will ever buy another Sony CD again
At least I am not nailed to the wall with any of the DMCA's viscera.
Saving all of civilisation is a fairly redundant cost .. I mean if you didn't save it you wouldn't have the money anyway .
Cost cutting measure are all well and good , but not if the cost cutting is going to totally annihilate your entire market
Well Hurd has RMS(and a fair few others) and he is a one man Army of fanatics in and of himself , will have to wait and see how HURD comes along (eventually) .
As for Darwin well I am sure Apple and OS X users may disagree there
That pretty much sounds like ATI and Punk-busters problem not Cedega's problem .
ATI do not make great linux drivers and punk buster don't make linux software AFAIK .
But that would be logical and make sense
Looks like the best evidence SCO have ever had.
I was thinking of going round to their house in a lab coat and white hat , erecting a massive Pi symbol and setting fire to it .
Later we will hunt them down and stick them in a box with some potentially deadly materials and let them both die and not die .
Or more seriously I agree
Why didn't they replace it with a shop that sells glasses ,Grants Goggles or some such.
Would have made a bit more sense.
Other than that it just seems a bit mean really.
In that case , can I have a shot of your Super computer ?
180solutions and Gammacash have put up a show claiming to be the good guys here and helping stop these scurrilous cads . So will there even be an investigation into their affairs.
Perhaps I am a touch cynical , but I very much doubt they had no idea how a lot of their affiliates work . Did they even look into the business they work with , see if they are legitimate . Perhaps they did not know and were just inept , I very much doubt it though .
I wonder if there is any precedent about the description . To me just saying copy-protecttion is woefully inadequate and misrepresentative of its function beyond the pure face value .
A contract can not exempt any party from an act which contravenes any current laws.
To quote the UK Sale of goods act 2002Sony did not mention this at the point of sale and therefor would be liable for repair of the problem
All those are fairly scary .. but what truly terrifies them is Working for EA