Jolly Rogerer
Prince
- Joined
- May 16, 2008
- Messages
- 402
As does Steam.
Reminds me of the old bumper sticker:
"Attention Car Thieves! This car is already stolen."
As does Steam.
Furthermore, I cannot see where the OP talks about "duplicating" anything.
I think that if you give someone your password, it is assumed as copying since you cannot forget your own password , and if the new owner changes it, you cannot prove that you don't actually know it - thus you cannot prove that it wasn't an actual copy, but a transfer. For all intents and purposes, it would be a copy even though no real copy was made - just a copy of your own permission to use that service.
That's only according to the EULA. There's a way to do anything if you want to bad enough.
I think that if you give someone your password, it is assumed as copying since you cannot forget your own password , and if the new owner changes it, you cannot prove that you don't actually know it - thus you cannot prove that it wasn't an actual copy, but a transfer. For all intents and purposes, it would be a copy even though no real copy was made - just a copy of your own permission to use that service.
People actually read EULAs?
As discussed before then much of the content of most EULA's wouldn't stand up in a court of law in most countries.
I can't think of many countries where it would be possible - or even legal - to prevent a consumer from purchasing/reselling a second hand computer game. In fact then trying to enforce rules to prevent consumers doing so is in itself in violation with the consumer laws of many countries.
As discussed before then much of the content of most EULA's wouldn't stand up in a court of law in most countries.
I can't think of many countries where it would be possible - or even legal - to prevent a consumer from purchasing/reselling a second hand computer game. In fact then trying to enforce rules to prevent consumers doing so is in itself in violation with the consumer laws of many countries.
The point is whether after providing the password you are still making use of the product.
I cannot be disallowed to share my password with whomever I want. It might not be wise to do so, ok, but being a bit stupid is one of the inalienable rights of human beings.
Once again: Steam is even advertising with the fact that you can make copies. So, it is not the copying itself which shall be prohibited, but the sharing and the reselling.
No problem with the prohibition of sharing. This would be piracy and a company has every right to try to stop that.
But prohibition of reselling is actively attacking and restricting your rights.
There is absolutely no comparison between "You are only allowed to use X gas company" and "You are only allowed to use this for personal use." The EULA basically says to "use common sense", and "don't distribute this in a way that causes more than one person to gain possible simultaneous access" to the game. Sharing an account is the same as making two copies of any games associated with the account... forever. If you transfer an account, how can you prove that you do not have access to it anymore? As soon as you share the account, the company can either take you at your word, or follow the procedures as outlined in the contract you signed.If a certain provision in a contract is illegal, you're under no obligation to obey it. If a certain provision in a contract is not only immoral, but forced down your throat .. then I figure you have a certain civil duty to disobey it. It is utterly immoral, pro-business lobby bullcrap that a consumer can not resell an item he has purchased legally. All done to prevent it is mere legal rambling and obfuscation, including any 'niceties' about a company being able to say 'Oh, they just bought a license, they didn't buy the game' and the company having the legal right and capability to shut off your ability to use a product you paid for.
What if Ford could shut off your car if you used Esso Gas instead of Shell?
If I would make a copy of the printed book (you know, that is possible today) AND would make the copy accessible to somebody else, it would be just the same case as in the "kindle" case.
Breaking copyright is not bound to the "materiality" of the media.
See above.
The "stealing" would be bound to the assumed fact that you would hold a copy for your own purposes.
Furthermore, I cannot see where the OP talks about "duplicating" anything.
Not to mention that duplicating itself is explicitely allowed under Steam's TOS, just not making such duplicates available to others,regardless of the fact whether you are after the duplication still able to access the "original" version for yourself or not.
This is a new development in how the industry deals with the customer and actually, it is quite endangering for the customer as he is losing rights.
People actually sign contracts without reading them?People actually read EULAs?
You can trade, or even sell, games from one Steam account to another. By breaching the Terms of Service, you are in the wrong... and Steam can do whatever they said in the EULA. They won't sue you, but they might terminate your account... making all of the games tied to it useless until you can get it reopened.That's only according to the EULA. There's a way to do anything if you want to bad enough.
Just because it is written in a EULA does not mean that it is a definition of the product that a court would necessarily agree with. In fact US Supreme Court have already - in 2 seperate cases - ruled against EULA's with similar licensing claims that Steam (and countless others) is using in theirs."The Software is licensed, not sold. Your license confers no title or ownership in the Software." - Steam EULA
Why should I?If you transfer an account, how can you prove that you do not have access to it anymore?
I don't think I'm making my point very clear. The EULA for Steam is only for Steam. By installing and using Steam, you agree to the terms of the contract. Because Steam is free, (!) you don't gain any rights by the download of the system; Steam also holds the right to deactivate your account at any time for violating their Terms of Service.Just because it is written in a EULA does not mean that it is a definition of the product that a court would necessarily agree with. In fact US Supreme Court have already - in 2 seperate cases - ruled against EULA's with similar licensing claims that Steam (and countless others) is using in theirs.
However, I would agree that the Steam EULA would probably hold up in a court of law where their own software and the services they provide online is concerned, but I seriously doubt the claim would hold in regard to games digital downloaded from Steam - and it definetly wouldn't hold for games purchased via other channels than Steam.
Presumption of Innocents only applies to court. In order to be prosecuted by the courts (US), then Steam has to have evidence of you performing a crime. However, in the world of Copy-Protection... you are "a consumer"... not "Zdarg."Why should I?
What happened with presumption of innocence?
The problem here is that they are not just blocking for their own software and services (which they could probably be argued to be legaly entitled to), they are ALSO blocking you from using and trading all software that requires their services in order to do so - and it is this that they don't actually have any legal rights to be doing.I don't think I'm making my point very clear. The EULA for Steam is only for Steam. By installing and using Steam, you agree to the terms of the contract. Because Steam is free, (!) you don't gain any rights by the download of the system; Steam also holds the right to deactivate your account at any time for violating their Terms of Service.
To try to "sue" Steam because they aren't allowing you to use their "free service" would be ridiculous.
The EULA you are signing for the use of a video game is an entirely different product- hence the need to sign an entirely different contract. THAT Contract, you could probably sue over. However, in the case of Steam, they aren't deactivating your games... they aren't even really deactivating your ability to access your games. They are deactivating your account, which is the digital equivalent of blocking a CD Registration Key.
Ferengi capitalist perhaps ("Let the buyer beware")?I don't understand the hate towards the copy-protection, when the very existence of the system is rooted in the dishonesty of consumers. Maybe I'm just a capitalist at heart, but if you willingly sign a contract while in complete ignorance of it's terms- and then violate the terms of the contract- the company is 100% justified to respond in accordance with the terms of the contract.
Here you are saying that it is ok to pass judgement and punishment without a trial - and on suspicion alone. I don't know how it works where you live, but where I live you are assumed innocent until proven guilty in a court of law - and punishment are not passed out before you have been proven guilty.Suing a game company for freezing your ability to use a product that they believe to be pirated is comparable to suing someone because you injured yourself breaking into their house. You knew it was wrong, you knew the consequences, and you did it anyways. Even if you didn't know that it was wrong, or the consequences, you signed a contract.
It is a poor policy to punish the many for the actions of the few - or even worse for the paranoidly imagined actions of everyone. This is a lesson that the software industry have seemingly yet to learn.The idea that the industry is somehow indebted to the consumer base is absurd;
...SNIP rants...