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2009-12-22
, 12:56
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Posts: 4,556 |
Thanked: 1,624 times |
Joined on Dec 2007
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#142
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I have no idea. But fair use in the USA is usually trumped by the DMCA. I just hope that ACTA treaty never gets signed.
__________________
Originally Posted by ysss
They're maemo and MeeGo...
"Meamo!" sounds like what Zorro would say to catherine zeta jones... after she slaps him for looking at her dirtily...
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2009-12-22
, 13:07
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Posts: 4,556 |
Thanked: 1,624 times |
Joined on Dec 2007
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#143
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I have no idea. But fair use in the USA is usually trumped by the DMCA. I just hope that ACTA treaty never gets signed.
__________________
Originally Posted by ysss
They're maemo and MeeGo...
"Meamo!" sounds like what Zorro would say to catherine zeta jones... after she slaps him for looking at her dirtily...
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2009-12-22
, 20:04
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Posts: 224 |
Thanked: 107 times |
Joined on Aug 2009
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#144
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Originally Posted by Laughing Man
Right, but again, DMCA only kicks in if you encrypt your media. Specifically,
I have no idea. But fair use in the USA is usually trumped by the DMCA. I just hope that ACTA treaty never gets signed.
No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
(3) As used in this subsection—
(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
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2009-12-22
, 20:07
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Posts: 4,556 |
Thanked: 1,624 times |
Joined on Dec 2007
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#145
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The problem is that the DMCA has been stretched so far beyond its original purposes by companies and lawyers that it may not even need to include breaking the encryption part anymore.
__________________
Originally Posted by ysss
They're maemo and MeeGo...
"Meamo!" sounds like what Zorro would say to catherine zeta jones... after she slaps him for looking at her dirtily...
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2009-12-23
, 04:11
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Posts: 2,669 |
Thanked: 2,555 times |
Joined on Apr 2007
@ Halifax, Nova Scotia, Canada
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#146
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Originally Posted by bocaJ
There's a very MAJOR difference here. Fair use doesn't apply to full copies of a product except in *very* *very* slender ways. For something to be fair use, the portion of the game you use must be relatively small in comparison to the full game, does not harm the owner, blah blah blah. Having a copy of a ROM fails fair use in almost every way possible if you read up about it. Where fair use applies is when you decide you want to use a graphic or sound effect from the game somewhere else.
Isn't there some room for fair use here? I rip CDs and listen to them on myiPodN900. I don't really see a difference between space shifting a CD and space shifting a game. Now, if the media were in some way encrypted, that would be a different story under the DMCA, but as far as I'm aware, SNES cartridges had no such protection.
If I'm missing some case law on this (whether in the US, Finland, or Japan) I sincerely hope you'll let me know, but from what I've read, there's actually very little to support either side - the fair use status of space shifting is still a rather novel area of law. In turn, that's what kind of frustrates me about Nokia's decision here: rather than use their resources to help establish some good case law, they're backing away from the fight.
There's no concept of "space shifting" here. You're straight up making a copy of a full product. There's nothing that allows that and it is fully illegal.
Encryption isn't the only way you can protect your games from being copied. Nintendo has successfully argued that the fact that they use their own custom made cartridges instead of a widely used format *is* protection. They also made similar arguments against importers (one of the main reason why carts weren't directly compatible between US and Japanese consoles).
| The Following User Says Thank You to zerojay For This Useful Post: | ||
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2009-12-24
, 06:31
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Posts: 94 |
Thanked: 27 times |
Joined on Dec 2009
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#147
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Originally Posted by Solpandan
I could be mistaken, but I think this website installed a sysguard virus on my pc.
http://isohunt.com/release/343177/n900+emulator
My apologies in advance if I'm mistaken.
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2009-12-24
, 07:17
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Posts: 589 |
Thanked: 54 times |
Joined on Dec 2009
@ london
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#148
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"Emulators are not illegal. Playing ROMs with them emulators however are. That's the issue at hand. Nintendo saw a Nokia employee in an official Nokia sponsored Youtube video playing a Nintendo game on the emulator."
no playing unpurchased roms are illegal , playing copies of your roms are not illegal.
emulatotors are fine, and in terms of the law nothing wrong with what nokia did by realising the vid(surely at the mo).. they may have been in a stronger position if they put a warning underneath saying "playing pirated roms is illeagal"
no playing unpurchased roms are illegal , playing copies of your roms are not illegal.
emulatotors are fine, and in terms of the law nothing wrong with what nokia did by realising the vid(surely at the mo).. they may have been in a stronger position if they put a warning underneath saying "playing pirated roms is illeagal"
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2009-12-24
, 07:19
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Posts: 589 |
Thanked: 54 times |
Joined on Dec 2009
@ london
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#149
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"There's no concept of "space shifting" here. You're straight up making a copy of a full product. There's nothing that allows that and it is fully illegal.
"
????????
you own the product , you can do what yo like with it, you can noit distribute a copy mind
"
????????
you own the product , you can do what yo like with it, you can noit distribute a copy mind
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2009-12-27
, 07:44
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Posts: 176 |
Thanked: 149 times |
Joined on Dec 2009
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#150
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As far as I understand the situation, emulation itself isn't illegal. If it was then the MasterGear emulator wouldn't still be on the list.
iPodN900. I don't really see a difference between space shifting a CD and space shifting a game. Now, if the media were in some way encrypted, that would be a different story under the DMCA, but as far as I'm aware, SNES cartridges had no such protection.If I'm missing some case law on this (whether in the US, Finland, or Japan) I sincerely hope you'll let me know, but from what I've read, there's actually very little to support either side - the fair use status of space shifting is still a rather novel area of law. In turn, that's what kind of frustrates me about Nokia's decision here: rather than use their resources to help establish some good case law, they're backing away from the fight.