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« What is this about?  
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Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:

reply to GeminiCub4U
Re: Are they even able to do that?

I was just wondering the same thing. I thought uploading/sharing protected work was a copyright violation, but not downloading.

I know the laws for software are a little different than they are for music, but it seems like I remember something about 24 hour educational evaluations being legal, so long as you delete the material after that time. I remember that from long ago though, can't say for sure it is even true.
--
AMD XP2500+ @2388mhz/ Asus A7N8X-E Deluxe/ 2x 512Mb Kingston HyperX PC3500/ WD 120Gb on serial/ Gainward GF4 4600/ Enermax 465P-VE/Custom water cooler


Jason Levine
Premium
join:2001-07-13
USA

said by Camelot One See Profile:
I was just wondering the same thing. I thought uploading/sharing protected work was a copyright violation, but not downloading.

Downloading is a copyright violation as well (at least in the USA, YMMV in other countries). It's simply harder to find out whether you've downloaded something you shouldn't (such as a copyrighted music file) versus uploaded something you shouldn't.

said by Camelot One See Profile:

I know the laws for software are a little different than they are for music, but it seems like I remember something about 24 hour educational evaluations being legal, so long as you delete the material after that time. I remember that from long ago though, can't say for sure it is even true.

The "24 hour rule" is a myth created by folks attempting to justify downloading music and other items. (You see this all the time on ROM download sites. They all state that you can download it so long as you delete it after 24 hours.) There is no basis to this in law. It falls into the category of "say it often enough and folks will think it's true."
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/


Karl Bode
News Guy
join:2000-03-02
I've been seeing that silly 24 hour warning since the days of Wildcat! BBS systems....


Logan 5
Silver and Black and blue in 2009
Premium,MVM
join:2001-05-25
The WasteLAN
·Pacific Bell - SBC

 
said by Karl Bode See Profile:
I've been seeing that silly 24 hour warning since the days of Wildcat! BBS systems....
Now THAT's a blast fro the past.

Mustang Systems..wonder what ever became of them??? I used to have a BBS running their software in the 80's until I got too popular and ran up the family phone bill for the 2nd line...LOL

Thanks for the trip down memory lane Karl....:)


Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:

reply to Jason Levine
said by Jason Levine See Profile:
Downloading is a copyright violation as well (at least in the USA, YMMV in other countries). It's simply harder to find out whether you've downloaded something you shouldn't (such as a copyrighted music file) versus uploaded something you shouldn't.

I'm not trying to pick a fight, but do you have any links to proof of this in law? It is getting harder and harder to tell legal fact from opinion on the boards.
--
AMD XP2500+ @2388mhz/ Asus A7N8X-E Deluxe/ 2x 512Mb Kingston HyperX PC3500/ WD 120Gb on serial/ Gainward GF4 4600/ Enermax 465P-VE/Custom water cooler

djrobsd

join:2002-01-24
San Diego, CA

reply to Karl Bode
Let's not forget the T.A.G. BBS system. One of the best ones in its days. I forget all the other crazy ones that were out there, but there were definately a lot of hacks of some of the more original one, and T.A.G. was one very good hack. I forget which system it was based off of, but I sure do miss running my T.A.G. BBS.


Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:

reply to Camelot One
»www4.law.cornell.edu/uscode/17/106.html

Downloading copyrighted material is seen as copying, which is illegal without permission of the copyright holder. Some people think that downloading falls under fair use if they don't share the file, or it's legal for the first 24 hours. There's nothing in the law that supports either of these ideas.
--
Jimmysquid.com - I take pictures.


TheMadSwede
Premium
join:2001-01-30
Holland, MI
·Charter Pipeline

reply to Logan 5
said by Logan 5 See Profile:
Mustang Systems..wonder what ever became of them???
If I'm not mistaken, they wrote an ok Customer Messaging Tool for customer service via email. Could be a different Mustang.
--
A good idea expressed in a poor manner is a bad idea.


Melchior
Premium
join:2003-06-15
Mars
clubs:
reply to Logan 5
WildCat! was sold off and it was picked up by Santronics who still continue to make it.. there are a few systems running it still as it's very web/internet oriented now.


Sparkware

Here's to the grand old days of BBSing!

Sparky
Father of QWK


RichMark

join:2001-05-10
Morgan Hill, CA

reply to Rhobite
Say Hey-

Read on just a bit more... especially the phrase
==> for purposes such as criticism ==

»www4.law.cornell.edu/uscode/17/107.html

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2)the nature of the copyrighted work;

(3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4)the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

-Rich


Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:

It may be legal to possess the software, or even distribute snippets of code under fair use. But I'm pretty sure that it's illegal to copy the entire source code, which is what happens when you download it. This is similar to the library, where it's technically illegal for you to photocopy an entire book. But in that case the library staff usually looks the other way.
--
Jimmysquid.com - I take pictures.

rmdir

join:2003-03-13
Chicago, IL
reply to Sparkware
Amen, my brothers. This talk reminds me of just how long I've been doing this stuff.
What a long strange trip it's been.:)

travelguy

join:1999-09-03
Santa Fe, NM
reply to Logan 5
I just tossed a Qmodem box out a couple of months ago. Traded emails with John Freil a couple of years ago. He runs an ISP in Iowa now.


HeyYa

@mindspring.com
reply to Camelot One
Simply put: It's illegal to obtain something you never rightfully had access to. That's like saying, I'll download 10000 songs from people, and it was their fault, not mine.


ionweb

@mi.cha
reply to djrobsd
I believe T.A.G was based off of the WWIV bbs, which was a sort of open source at the time.


Jacek

@198.208.x.x

reply to HeyYa
There are numerous precedents that might make it actually legal. One of the latest examples involves web site www.blueovalnews.com which posted secret Ford Motor Company documents that were damaging to the automaker. Ford was trying to fight the web site in court claiming, that the documents belonged to Ford, were trade secrets and copyrighted materials that were stolen from Ford by some disgruntled employee and should never get into the hands of the guy who published them. In the first instance and in the appeal FORD LOST and dropped the case !!!. In both cases judges gave verdict which in effect said, that it is Ford responsibility to find the guilty employee who have stolen the materials and then prosecute them. The guy who posted them was cleared from all the charges. I happen to disagree with this, since the web site was posting materials that were in fact stolen but I'm not the law

JM

Evoluder

join:2002-09-15
Woodstock, GA
reply to djrobsd
WWIV RULES!

jwcrim

join:2001-12-09
Wilton, CT
reply to Rhobite
"Downloading copyrighted material is seen as copying"

Seen by who?


Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:

said by jwcrim See Profile:
"Downloading copyrighted material is seen as copying"

Seen by who?
The courts, the prosecutors, and the copyright holders pretty much agree on this one. I honestly can't believe this is even a question. Of course it's illegal to download copyrighted material!
--
Jimmysquid.com - I take pictures.
Forums » Microsoft Warns Code Downloaders« What is this about?  
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