R4 Dealers being Threatened by the ESA?

Discussion in 'User Submitted News' started by sonic209, Nov 12, 2007.

  1. sonic209
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    sonic209 GBAtemp Advanced Fan

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  2. Lupigen

    Lupigen Advanced Member

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    Since they're using the DMCA as a basis, this should only affect sellers based in/connected to the US. This is why DX suggests using VolumeRate (http://www.dealextreme.com/forums/Forums.dx/Forum.-202~threadid.31088), since VR is based in China.
     
  3. Nero

    Nero GBAtemp RPG Maniac

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    I don't know... The R4 can be used mainly for Homebrew, and it all depends on the user's decision to play ROMs or not.

    They just make up some reverse-engineering bullshit to battle with Flashcarts..

    ~Nero
     
  4. chatton859

    chatton859 Newbie

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    id say that it is bull....jsut someone faking this stuff... u are legally allowed to make backup copies of ANY software that u own.

    besides Amazon.com still sales these and they are US based. I'm pretty sure that one of the U.S.'s largest online retailer would get a cease and decist letter...


    [​IMG]
     
  5. roadbusta

    roadbusta GBAtemp Regular

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    Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

    Does it applie to the software in the NDS cart?
     
  6. Cyan

    Cyan GBATemp's lurking knight

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    I think each country has is own law for this.

    In france for example, we were paying a tax for the right to do personal copies. France is selling Blank CD/DVD/Tape/HDD (yeah even hdd)/Any blank media, a lot higher in price than other European countries. The tax is supposed to be paid back to artist like singers. You want to burn your holliday's pictures, you pay singer tax on it [​IMG]
    But just recently, a minister changed the law and said this right was hereby forbidden. And know what ? they didn't removed the tax at all, and making a personal copy is good for prison [​IMG]
    1year prison and 300 000 euro. It's cheaper to kill someone [​IMG]
    (kill the police that come to seize you, it will be cheaper than if they caught you with a copied game)
     
  7. Nicky33

    Nicky33 Advanced Member

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    Damn right [​IMG]
     
  8. spinal_cord

    spinal_cord Knows his stuff

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    As far as I understand it, you are allowed to make a backup yourself from your own software/hardware. So if you download your 'backup' it is illegal as you did not create that backup yourself and it is not a backup of your exact game.
    If you sell/give away/lose your original game, then your backup becomes completly illegal because you do not own the original the backup was made from.
     
  9. shakirmoledina

    shakirmoledina Legend

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    we did see someone receiving a letter of warning and the person has stopped selling them
     
  10. rhyguy

    rhyguy GBAtemp Maniac

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    isnt the point of a backup to use if you lose your game?
     
  11. Lukeage

    Lukeage GBAtemp Regular

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    Since you are Australian, here is our current copyright laws regarding software.

    "Making a back-up copy of a computer program

    The owner of a legitimate copy of a computer program may make a back-up copy of a program, either to use in place of the original copy, or to store as a backup for use if the original or an earlier back-up is lost, destroyed or rendered unusable.

    The provisions in the Copyright Act also allow copying of software as part of a normal process of backing up files for security purposes.

    The provisions do not allow copies to be made from an infringing copy of a computer program, or if the owner of copyright in the program has blocked the making of copies of the program (for example, by the use of 'locks' or other technological devices built into the program). Also, the provisions do not apply if the licence governing the use of the original has expired or been terminated.

    The back-up copy may be made whether or not the copyright owner makes an express direction to the contrary at or before the time of purchase, for example on the package."

    Available at: http://www.copyright.org.au/information/G050.pdf

    In regards to DS software, if it contains anything to hinder copying, well that is up to how you interpret the law. Unfortunately in Australia, thanks to the bullshit free trade agreement, we have also adopted the DMCA and as the DS uses RSA to encrypt part of the code, it is most likely in violation of this although no one has been able to tell me if using the DS itself to 'break' the encyption is against the law, since the DS is designed by the manufacturer to do this.
     
  12. zabikt

    zabikt Member

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    Do you own ANY Nintendo game?
    All Nintendo games (first party) released in USA have in manual page titled "Important Legal Informations".
    Most important part of this information is:
    [​IMG]
     
  13. Lukeage

    Lukeage GBAtemp Regular

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    It says that in almost all software sold in Australia too, but if you read my previous post, this is not a legal contract (and in Australia, any EULA isn't a valid contract due to it being presented after the point of sale). I'd be very surprised if under US copyright law you are not allowed to make legal backups.
     
  14. Raisingod

    Raisingod GBAtemp Fan

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    Thats true since the DMCA prohibet bypassing digital security methods( such a thing is needed in order to make backups).

    Yep US laws restric your consumer freedom just to please the big copration [​IMG]
     
  15. Hit

    Hit GBAtemp Advanced Fan

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    Yes we where to and we had a simple solution to sell them on an Chinese hosted webshop
    There powerless against webshops that has nothing to do with the USA

    And the worst thing is they lie, what they say is full of bullshit
    We always advertised R4 as an homebrew device
    And there for ESA claimed the R4 uses Boot Code from Nintendo, there explanation was it was reverse engineered which is not possible for coding atm
    But ok there supported by the government so wat can you do then listen to these lie 'rs!

    There Americans that can't even type right come on thats unprofessional always with such emails double check it
    With there "Copryright"

    I'd say do not ignore them they really shutdown your hosts, just get an hosting not in the USA

    In one word "Bully's"
     
  16. moggymatt

    moggymatt GBAtemp Regular

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    Surely if the R4 contained Nintendo boot code they would go after the R4 makers/progammers not ONE shop?!?
     
  17. Hit

    Hit GBAtemp Advanced Fan

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    Well they can't ESA is shutting down resellers due R4's Hosting is located in China
     
  18. adgloride

    adgloride Its A Wii Wario

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    You may as well take up burglary. They don't fine you and you can still keep everything you've stolen. You'd be very unlucky if you had to go to Jail for a year. Now that's a proper crime. These big companies have been over charging for years. How many games that you've downloaded would you have actually bought if you couldn't play copies of them?
     
  19. Nero

    Nero GBAtemp RPG Maniac

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    Exactly what I said in the first page.

    They're making up bullshit about the R4. (Reverse engineering and crap... It's all bull)

    ~Nero
     
  20. BoneMonkey

    BoneMonkey The cheese stash is a lie.

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    in the US thats it not true you are not allowed to make a backup of your own disc :-(