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Forums » Microsoft Warns Code Downloaders » Are they even able to do that?
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« What is this about?  
page: 1 · 2
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Jason Levine
Premium
join:2001-07-13
USA

reply to Camelot One
Re: Are they even able to do that?

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.


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.

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.


justanutter1

@kaballero.com

Yep.. It is illegal. It is also illegal to release a virus onto the Internet and hose up a million PC's. Do they do it, yep. Still illegal, but impotence being what it is, sixteen year olds still do it because the FBI is impotent to stop it.

DLing music is illegal, but does that stop the copying of music? No if Kazaa doesn't provide sufficient anonymity then FREENET does... And the sixteen year old kid continues to download his music and nobody can stop him... the IMPOTENCE of the FBI and RIAA still determine what is going to happen.

There are so many people who have a copy of that code at this point that NOBODY is going to be prosecuted, guess why... Yeah, because Microsoft, yes even Microsoft is IMPOTENT to stop it.

So, "Anyone but Bush", why not do a reality check and let the issue drop. MS can send out whatever they wish and these kids can tell MS to "pee up a rope" and MS will just drop the issue.

All that said, you ARE going to discover that Microsoft has stolen more of the GNU/GPL code than Linux has stolen of the SCO code... Mark my words.


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


1 edit
Why do you keep picking a fight with me, "nut buster"? I'm assuming that my tag has made you furious - good, that's my intention.

All I'm saying is it's illegal. Of course there's nothing that Microsoft can do to keep dedicated people from getting the source, but there's also nothing to stop them from suing a few unlucky people downloading the torrent.
--
Jimmysquid.com - I take pictures.


justanutter1

@kaballero.com

RE: Why do you keep picking a fight with me, "nut buster"?

'scuse me... I didn't realize name calling was ok in this forum. I may join in then? Might I call you, "Anything but Bush"... meaning you're a real man's man? Honestly, if we're going to grovel in the mud, I expect I can do it as well as you but what say we don't?

Point is you can argue the legality of growing dandylions in the yard till your face is blue, but they will still grow, won't they?

So your crusade is a waste of your time, the worlds bandwidth, and well... it is entertaining for me...

Forums » Microsoft Warns Code Downloaders« What is this about?  
page: 1 · 2


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