Why add anti-piracy measures to Devolution ?

Discussion in 'Wii - Backup Loaders' started by air2004, Jul 13, 2012.

Jul 13, 2012
  1. McHaggis

    Member McHaggis Fackin' Troller

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    EULAs aren't always legally binding. Often they contain clauses that are contrary to statutory rights, which can make the whole thing come down like a house of cards. Take the very thing you brought up: Devolution breaks the EULA. Well, in this country, I'm perfectly within my rights to backup a game to a hard drive. However, for that backup to be useful, there must be a way to play it legitimately. So, the EULA tells me I can't do that, but my statutory rights say I can.

    Of course, a company also has the right to deny service to anyone, as long as it's not in a discriminate manner. They technically don't even need an EULA to ban you from their online services.
     


  2. 4K_future

    Newcomer 4K_future Member

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    If Tueidj had a accept terms and conditions flag like most other applications would the complaints stop. I doubt it.

    If you dont like the software as it is then hack away.

    I just hope the author does not get pissed and stop the project as I have no problem with the authentication process and think Devolution is one of the best home brew programs available for the wii.
     
  3. EagleDelta1

    Newcomer EagleDelta1 Member

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    The problem we run into is that, in the US, the Library of Congress has declared that circumventing copy protection (this includes modding for non-piracy reasons) any closed system, other than smartphones, is illegal. That's the confusion I have - not only is the Dev of Devolution trying to prevent piracy for games that no longer generate revenue for their devs/publishers, but he's trying to prevent something that's illegal (Piracy violates copyright law) while at the same time violating the same law (I believe it's copyright law that governs this in the US).
     
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  4. megazig

    Member megazig SU

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    please leave law out of this. he's not even from US and might just have put it in there to see if he could.
     
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  5. SickPuppy

    Member SickPuppy GBAtemp Maniac

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    Copying copyrighted game discs in the USA is against the law, it don't matter if I own the game or not. So, for me to use devolution I would have to break the law. Is devolution promoting video game piracy?
     
  6. McHaggis

    Member McHaggis Fackin' Troller

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    Yes. Devolution is absolutely promoting video game piracy. That should be obvious to anyone, I'm surprised it took 59 pages of posts before anyone mentioned it.
     
  7. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    As has been pointed out many, many times, tueidj does not live in the USA. Besides, it's legal to rip a game yourself, just not downloading it:
    http://www.nintendo.com/corp/legal.jsp#download_rom
     
  8. SickPuppy

    Member SickPuppy GBAtemp Maniac

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    from the link you posted
    Most of the people of this forum live in a country where copying video games is illegal, you can live outside of the USA and still be a pirate. Now post a link to where it says it's legal to have a backup copy of a video game that has been copyrighted.
     
  9. McHaggis

    Member McHaggis Fackin' Troller

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    That's not entirely true. IIRC, under the DMCA, it is illegal to circumvent copy protection. However, it is perfectly legal to make a backup copy of your own games. So you can backup a game as long as you're not breaking copy protection. I'm not entirely sure if ripping a game on your wii constitutes breaking such protections, since, technically there is no protection to speak of when ripping a game because no tricks are required in the copying software. Grey area, I'd say.

    Here in the UK, I don't have that dilemma. My government says I have a legal right to backup my games.
     
  10. Rydian

    Member Rydian Resident Furvertâ„¢

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    Step 1 - Buy a game online, download the installer.
    Step 2 - Right-click the installer, click "copy".
    Step 3 - Right-click on your desktop, click "paste".
    Holy shit, copyright infringement. Sue sue sue!

    It's not as simple as that, man. Copyright law refers to copies made for distribution, and is intended to protect an artist's (or manufacturer's or IP holder's) right to be the only one to be able to reproduce and sell their creation. This is why the right to have a safe copy of something is always assumed, since it doesn't go against the core intent of copyright law (controlling distribution and profiting).

    The issue with making a personal copy nowadays when it comes to game consoles and media is that you often need to bypass/break DRM, which has had a blanket "illegal" placed on it (so much that exceptions are ruled to be stated every few years).
     
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  11. SickPuppy

    Member SickPuppy GBAtemp Maniac

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    In the USA there is the DMCA. No where in the wiki page does it say anything about backup copies being legally used in place of the original. There is a mention of video games, but not in the way you are thinking.

    http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Anti-circumvention_exemptions
     
  12. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    I guess you didn't read the section I actually linked to:
    Anyway, none of this matters. tueidj added AP because he didn't want his work used as a warez loader. Question answered. ;)
     
  13. McHaggis

    Member McHaggis Fackin' Troller

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    Getting back to your original question: even if making a backup of a game you own was illegal, I don't think the term pirate would apply. The ideals of people who play backups and people who play "backups" aren't shared, so you can't say that Devolution is promoting video game piracy, especially when it goes quite a way to prevent piracy.
     
  14. pr0ton

    Newcomer pr0ton Newbie

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    One question, does it work with the Wiikey Fusion/WODE as workaround? In comment #256 there it is a positive.
     
  15. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    Illegal or not, the draconian DMCA regulations is never going to stop people from making backups. It's not enforceable, it cannot be traced, therefore, people will still personal copies regardless of the laws in place. If the anti-piracy measures are "unfair" you can *gasp*, use USB Loader GX. Was that really so hard to decide? It's like gun control or banning guns in Japan, just because it's illegal for the citizens to possess firearms, that never stopped the Yakuza from getting them, did it?
     
  16. g4jek8j54

    Member g4jek8j54 GBAtemp Fan

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    Why has this thread not been locked yet? Anyway...

    I believe that any mod-chip can cause issues when running Devolution, but I guess that the Devolution program could work fine with some. However, this is probably the best thread to ask this question in...

    http://gbatemp.net/threads/devolution-public-release.330554/
     
  17. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    Why hasn't it been locked? Simple. The mods are too lazy to submit to us more lowly peons.
     
  18. pr0ton

    Newcomer pr0ton Newbie

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    Yes, I should ask tueidj about this:dry:. Btw in his first post: - Not discussion of how to "crack" Devolution - feel free to discuss it elsewhere but keep this thread clean.

    And how troubled his vision about anti-piracy is, I respect his demands.
     
  19. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    Because it keeps the pointless bitching in one place.
     
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  20. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    One place....heh, yeah right.
     

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