Originally posted by ps2wiz
Well, after being appalled by your lacking of judgment remarks. You should take your badly informed squabble some where else. If you had any intelligence, you would know that it would be up to the purchaser to concur that he is in the possession of the original carbon copy. In accumulation to you thick remark, you should have had the common sense to differ that “warez” and games are not alike. Once again, a little use of brain power should of signaled to you that “warez” AKA SOFTWARE! All come with an End User Agreement. Were as, shockingly may I add. Games do not. Maybe you should just scull your fascist wise crack out of my thread. And go join the RIAA or the fascist party, them both seems to fit in with your unwise character.
If someone is downloading copyrighted material (in this case software) illegally, be it a copy of Photoshop or Madden 2004, it's "warez" in my book. You can use semantics to twist it however you want, but it looks like a duck, and it definitely quacks like a duck. The only person who'll believe that it's anything else is you (and your little buddies).
Claiming that your selling of copied PS2 games is legal simply because its up to the purchaser to own the originals is a poor attempt at using the law to shield you, and it simply wouldn't stand up when challenged. Yes, in US copyright law, section 117(2) allows you to make a personal backup of software (including games) that you legally possess.
However, that does
not allow you to make a backup for someone else who legally possesses the original, nor does it allow you to transfer/sell the backups unless
your original copy is transferred as well (which is not the case), and even that's only
with authorization from the copyright holder. That is, of course, the law, so you're free to break it if you choose to do so. However, attempting to pervert the law into a nice package that'll allow you to do this won't fly.
As far as games not coming with an EULA, quite a few of them do, at least on the PC side. On the console end of things, it tends to be limited to the "limited warranty" section on the back of the manual, although some games do come with an expanded warning (often within the game). Most of the PS2 games should include a section that informs you that this is copyrighted materials, and that it may not be copied (in whole or in part), reproduced, translated, etc. without prior written consent from Sony (in the case of PS2 games) and the respective publisher/developer. The fact that these games are copied is already a violation of the EULA (especially since you probably downloaded them, as opposed to making a personal backup from originals that you own), even if it isn't a violation of the law (which, in your case, is).
"Badly informed?" Hardly. "Unwise character?" Puh-leeze. "Fascist wise crack?" Give me a break. If I wanted to be a **AA fanboy, I would've busted your chops on the simple fact that modding a system and copying a game (for ANY reason) are both DMCA violations.
I'm so
sorry that you feel justified in stealing games, under the guise of whatever lame excuse is the rage this week (let me ask, is it overpriced games or crappy games at the moment?). In the end, you'll be the cause of why this industry is hurting, but you'll probably be the last one to accept responsibility for it (despite the fact that you'll probably be one of the first to cast a stone).
I am a big fan of fair use, and the benefits it allows. I do believe people should be able to create their own backup copies of software if they choose to do so for their own personal purposes. I do believe that current copyright laws such as the DMCA (which tends to be draconian at best) overstep the line in favor of the copyright holders at the expense of the consumer or end user. HOWEVER, it is someone like you who is the reason such laws exist in the first place. The reason my fair use rights have been stepped on is because of people like you, who feel entitled to your 200-CD binders filled with copied games. Do I sound condescending or supercilious towards you? Yeah. Want to know why? Because I have nothing but contempt towards your actions. You are the root of the problem, and sooner or later, I hope somebody will take care of it if you won't.
Grow up and listen to something beyond your "I deserve everything free" mentality. And if you decide that isn't how you'd like to live things, keep it off Speedguide.