ok guys may i have your opinions and views on this as the knowlege base is huge here!

VIPER_1069

VIPER_1069

1
looking for views on this disclaimer of a friends site please buddies :D

Our function is strictly to backup software, which you claim to currently own, to protect it from damage, accidental or otherwise. These duplications are allowed under the copyright law, and you are entitled to this service by law. xxxxxx Warez® provide this as a service. This service will not be held accountable for the purchaser's use. If you sell your original software, you will destroy the backup of that title. If you imply piracy, we cannot legally serve you, and we hold no liability for anything you, the purchaser will do with the backup. xxxxxx Warez® understand that by buying these backups from us, you are implying you have the original copy of that title, and we will supply it to you on that understanding only. If you imply to us that you do not own the original copy of the game, then we cannot supply you with the disc, as you have no legal rights to own it. As a service provider, we cannot allow this, as it would mean we would be no longer able to provide you with this service. By complying with these regulations, it allows us, as the service provider to duplicate and you, as a consumer to receive the right of back-up's to protect your original software. Please note, we do not condone piracy, but we do recognize the ever-growing need for CD backup software to protect valuable originals.
Click to expand...

my opinion is that its a grey area regards to personal backup but the fact of offering to sell them backups is the law-breaker here !? am i right or wrong !?

would like everybody with knowlege on this matter to post opinions thanks in advance !

also like to add a note here that its a uk operation and the laws differ for different places !!

cheers guys/gals :D
 
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elpresidente

Guest
hmm... I don´t think that he is commiting a crime ...but I think he will get problems if he offers "backups" ...

I also thought about selling "backups" of movies ..but it´s getting more and more dangerous .. ;)

üsse
 
VIPER_1069

VIPER_1069

1
okies keep em comming thanks to the 3 prompt replys above all with valid info which i will pass on :D

but keep em comming the more info we have on this the better ! :D
 
E

elpresidente

Guest
as roadworker said ...

1. U r allowed to make 1 copy (backup) if u own the software
2. U r not allowed to change anything....
3. U r not allowed to sell illegal copies ...

hmm .. If somebody of u own an original software CD ... just read whats written on it ;)

btw. I think this would be a question for lawiers...cause I have never read that someone isn´t allowed to sell legal copies ?!!! hehe

üsse
 
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elpresidente

Guest
I don´t think that law in EU is that different ;) ...


üsse
 
bertieg

bertieg

1
Exceptions the Rule

By contrast, the EU doctrine includes a laundry list of exceptions that allow for, among other exceptions, copying for technical reasons, personal use and archival purposes. However, the EU doctrine states that the exceptions are optional. Member states do not have to adopt all of the exceptions.

The EU doctrine also includes a "fair compensation" provision, requiring that artists be fairly paid for the use of their copyrighted material under certain of the exceptions, including private copying and broadcasting.

Member states would be given flexibility in enforcing this provision and determining the "the precise form of such compensation," the directive said.

Taken from h**p://www.ecommercetimes.com
Talking about copyright laws I think this is how the UK gets away with its Laws.
 
E

elpresidente

Guest
k...
1.I took a look @ austrian law :

For software it isn´t allowed to make copies for third persons... it´s not important if u collect money or not ... it is not legal

h**p://www.internet4jurists.at/urh-marken/urh2a.htm

2. something interesting !!!

Die Aufnahme eines Film-Werkes auf DVD ist gegenüber der herkömmlichen Video-Aufzeichnung als neue Nutzungsart anzusehen, da mit der DVD eine wesentlich intensivere Nutzungsmöglichkeit des Mediums verbunden ist. Die ohne Einwilligung des Urhebers vorgenommene Vervielfältigung eines geschützten Werkes auf DVD verletzt daher die Rechte des Urhebers und verpflichtet zu Unterlassung, Auskunft und Schadensersatz

that means that recording movies to DVD isn´t the same as recording to tape ... cause u can use DVD more intensive than tapes ..... and it is not allowed without permission ....


üsse
 
VIPER_1069

VIPER_1069

1
hey hey this thread is rocketing along gaining more speed and information as it goes along learning lots here lol :D

and so are prolly others too so im glad i started it lol !!:D
 
Coaster

Coaster

1
Karaoke CD+G’s ?

I ain’t a lawyer but I have read that in the UK individuals that have the original purchased Karaoke CD+G in their possession and a copied copy of the same Karaoke CD+G have been arrested and prosecuted for copyright infringement. There is a Karaoke Usenet newsgroup that I occasionally visit and that topic is frequently discussed there.

Coaster
 
Bilto

Bilto

1
jojitb said:
here in asia, we can copy anything we want :)
Click to expand...
And don't you just?!

I was in Malaysia for a few months and there's major chain stores over there selling pirate stuff. Actually, I could hardly find any shops selling legit software!
 
S

shadoe_phantom

1
jojitb,
you are not allowed, just that the law enforcement is so lax & don't do their jobs. Plus with all the corruption in Thailand, Malaysia, Philippines (mainly), & a few other countries, the police & others in government take a cut/share/payoff from pirated goodies.
That is why from time to time they have police raids (to make it appear like they are doing their work), but everyone knows it's just for show.
New developements in law enforcement there (interpol mainly) will start cracking down a little more, but if the government isn't really helping the situation, not much anybody can do (mainly 'cause these are 3rd world nations & many people need this just to put food in their belly).
 
Bilto

Bilto

1
Yeah, I've heard that Malaysia has some of the strictest copyright laws in the world. They have lengthy jail sentences for those who break copyright laws, I’ve seen mention of this when America and Hollywood criticises the rife piracy in Malaysia. Yet, there are big stores (equivalent of HMV & Virgin) selling pirate software and every little town has at least 5 VCD vendors with titles that haven’t even hit the ‘Net. I got Episode 2 from Kuala Lumpur about 8 days before isonews and vcdquality.com had any news of it being released! That’s very normal in Malaysia, I used to buy movies that weren’t expected in American cinemas for a few months.

Every few months, the Malaysians seem to have a little blitz on piracy – 10 or 20 street vendors get locked away for years but I’d say there are many thousand VCD vendors on the streets every single night! So, just like you say shadoe – it’s just for show.
 
C

ChiMusic

1
Bilto said:

Every few months, the Malaysians seem to have a little blitz on piracy – 10 or 20 street vendors get locked away for years but I’d say there are many thousand VCD vendors on the streets every single night! So, just like you say shadoe – it’s just for show.
Click to expand...
You know it is the ones that did not pay off! Pirated stuff like the women for sale. I guess they can even get it shipped for you.
 
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