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Offline paul2004v

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Re: whdload collections legal?
« Reply #14 on: September 16, 2011, 03:22:32 AM »
I'm not a legal bod but as I understand it in the UK at the moment, computer software copyright is similar to music copyright as opposed to book copyright which has a longer term to it.

If I understand correctly, music copyright lasts for 50 years from the date of the first publication/public performance and I'm pretty sure computer programs are the same.

At the moment, although it's not enforced and the government has said it needs to revise things, it's actually illegal to rip a copy of your own CD for your own personal use on an iPod etc. or as a backup. This carries through to software too and as such technically, it's illegal in the UK to use something like WHDLoad if you follow the letter of the law completely.

That being said, I don't think anyone is going to prosecute anyone for making a copy of your own original version for your own personal use and this is why the Government wants to revise the copyright laws because in a lot of ways in the UK, they're just too tight and un-enforcable.

So the answer to the question really is, it depends on the copyright laws where you are as to whether it's illegal today... or tomorrow. As far as I can tell, in the UK, Amiga games should be out of copyright sometime around 2035 onwards so it'll be just in time for my retirement :D

Paul
 

Offline orb85750Topic starter

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Re: whdload collections legal?
« Reply #15 on: September 16, 2011, 03:45:52 AM »
I think there's quite a difference (legally speaking and otherwise)..... taking copyrighted material for your own use  -versus-  repeatedly selling it for profit like these leaches on eBay.
 

Offline TheBilgeRat

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Re: whdload collections legal?
« Reply #16 on: September 16, 2011, 06:27:58 AM »
games in WHD format?  Meh, but there is absolutely no need to BUY them...

WHDLoad itself?  Buy that puppy!  Best 30 bucks I ever spent.
 

Offline stefcep2

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Offline ajlwalker

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Re: whdload collections legal?
« Reply #18 on: September 16, 2011, 07:02:06 AM »
Quote from: paul2004v;659538
I'm not a legal bod but as I understand it in the UK at the moment, computer software copyright is similar to music copyright as opposed to book copyright which has a longer term to it.

If I understand correctly, music copyright lasts for 50 years from the date of the first publication/public performance and I'm pretty sure computer programs are the same.

At the moment, although it's not enforced and the government has said it needs to revise things, it's actually illegal to rip a copy of your own CD for your own personal use on an iPod etc. or as a backup. This carries through to software too and as such technically, it's illegal in the UK to use something like WHDLoad if you follow the letter of the law completely.

That being said, I don't think anyone is going to prosecute anyone for making a copy of your own original version for your own personal use and this is why the Government wants to revise the copyright laws because in a lot of ways in the UK, they're just too tight and un-enforcable.

So the answer to the question really is, it depends on the copyright laws where you are as to whether it's illegal today... or tomorrow. As far as I can tell, in the UK, Amiga games should be out of copyright sometime around 2035 onwards so it'll be just in time for my retirement :D

Paul


You are correct regarding the ripping of your own CDs being technically illegal in the UK, however, so far as I understand you are permitted to make a backup copy of computer software in the UK.

You are NOT allowed to use the original and the backup simultaneously, but may flip/flop between use of them.
 

Offline Bamiga2002

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Re: whdload collections legal?
« Reply #19 on: September 16, 2011, 09:04:48 AM »
Call me strange but I like to install the games myself, no no to a preinstalled package :). I also have manually added every single game on a Wangipad list. I won't add games I don't like though...
CD32
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Offline paul2004v

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Re: whdload collections legal?
« Reply #20 on: September 16, 2011, 11:05:06 AM »
Quote from: ajlwalker;659551
You are correct regarding the ripping of your own CDs being technically illegal in the UK, however, so far as I understand you are permitted to make a backup copy of computer software in the UK.

You are NOT allowed to use the original and the backup simultaneously, but may flip/flop between use of them.


I believe that the backup thing is only allowed where the copyright owner explicitly allows for you to have make a backup in their copyright declaration as part of the whole delegation of rights aspect of copyright law in the UK.

Where it isn't explicitly stated, you have to assume that backups aren't allowed.

Paul
 

Offline ajlwalker

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Re: whdload collections legal?
« Reply #21 on: September 16, 2011, 01:59:00 PM »
Quote from: paul2004v;659566
I believe that the backup thing is only allowed where the copyright owner explicitly allows for you to have make a backup in their copyright declaration as part of the whole delegation of rights aspect of copyright law in the UK.

Where it isn't explicitly stated, you have to assume that backups aren't allowed.

Paul


I'm afraid not.  The backup of computer programmes is a statutory right.  The copyright holder has no say.

It's a bit like the literary study part where you can quote excerts from books.  Some books will state this is permissable, others not.  That does not take away from the fact it is a statutory right and you can do it legally.

I suspect the backup of computer programmes was allowed due to the volatile nature of early storage media.  Tapes and early floppies could become easily damaged.  A rare piece of pragmatic UK law.
 

Offline Tripitaka

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Re: whdload collections legal?
« Reply #22 on: September 16, 2011, 02:14:12 PM »
Quote from: Darrin;659529
So you're saying that kidnapping and having sex with an 8 year old isn't illegal unless you're caught?  Tell that to the judge.


Well the fact is even that isn't illegal until you are challenged. Outraged? don't be. It's UNLAWFUL not illegal. The difference is that things that are unlawful are enacted upon the natural person (eg. John Doe), things that are illegal are enacted upon the legal identity (eg. Mr. John Doe). The legal identity does not exist until you are informed upon to the authorities and this is registered, this is the process that is recorded on your birth certificate. Your parents are the informants in most cases. The legal identity can be dissolved (in the UK this is a process known as "Lawful Rebellion" and is covered under section 61 of the Magna Carta). The natural person cannot be dissolved except by death.
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Offline Tripitaka

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Re: whdload collections legal?
« Reply #23 on: September 16, 2011, 02:15:21 PM »
Quote from: itix;659526
Nothing in this world is illegal until you are challenged.


True, but it may still be unlawful if it causes harm or loss.
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Offline Tripitaka

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Re: whdload collections legal?
« Reply #24 on: September 16, 2011, 02:24:27 PM »
Quote from: orb85750;659531
That may be true for patent disputes, but copyright infringement in the USA is clearly illegal.  We have seen bootleggers of DVDs, etc. get heavy fines, or even imprisonment.  It does not require a complaint/challenge from the movie studio.  It's simply a crime to make unauthorized copies and sell them on the street, internet, or anywhere else.

Not quite as true as you may think. Most people submit to the authorities without even realising that they have done so. If a policeman describes the illegality of an act you have done to you (an illegal but NOT unlawful one that is) and then asks you if you "understand" by replying "yes" you have given your consent to be prosecuted. This comes from the terminology "to understand". In legalize it means "to stand under" or "to be bound by". By saying you understand, you (the legal identity that is, not the natural person), agrees to be bound.
Most prisoners are in prison as the legal identity attached to them has been prosecuted with their consent because they have done something illegal and then agreed to stand under the statute that makes it illegal. Of course, if they have caused harm or loss they may have been prosecuted for something unlawful. In this case the natural person is in prison instead.
« Last Edit: September 16, 2011, 02:26:51 PM by Tripitaka »
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Offline Tripitaka

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Re: whdload collections legal?
« Reply #25 on: September 16, 2011, 02:34:21 PM »
Quote from: paul2004v;659566
I believe that the backup thing is only allowed where the copyright owner explicitly allows for you to have make a backup in their copyright declaration as part of the whole delegation of rights aspect of copyright law in the UK.

Where it isn't explicitly stated, you have to assume that backups aren't allowed.

Paul


Sadly this is when it gets all complicated. If you own the software (as you will if you have an original disk in most cases) you can backup with no problem. If the software is under licence then what you have said is correct. Notice how much more software now states that the company who made it still owns it? In truth, you should read the licence for every piece of software you have to see if it is yours or if it is just data on loan from company xzy.
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Offline orb85750Topic starter

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Re: whdload collections legal?
« Reply #26 on: September 16, 2011, 08:50:21 PM »
Quote from: Tripitaka;659584
Not quite as true as you may think. Most people submit to the authorities without even realising that they have done so. If a policeman describes the illegality of an act you have done to you (an illegal but NOT unlawful one that is) and then asks you if you "understand" by replying "yes" you have given your consent to be prosecuted. This comes from the terminology "to understand". In legalize it means "to stand under" or "to be bound by". By saying you understand, you (the legal identity that is, not the natural person), agrees to be bound.
Most prisoners are in prison as the legal identity attached to them has been prosecuted with their consent because they have done something illegal and then agreed to stand under the statute that makes it illegal. Of course, if they have caused harm or loss they may have been prosecuted for something unlawful. In this case the natural person is in prison instead.


Ummm.... Bootleggers are often raided here in the US -- no questions/answers!
 

Offline Tripitaka

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Re: whdload collections legal?
« Reply #27 on: September 16, 2011, 10:26:49 PM »
I refer to UK. Sadly for the US, you've been ripped off from your civil rights to the point of the ridiculous. You have many things that are illegal but the laws making them so are often unconstitutional.

I'm going to stop now before this becomes a conspiracy theory thread.

I will say this however, I'll never buy one of those whdload cf cards. An amigan has made a lot of effort writing whdload in the first place and deserves support for his effort, not being ripped off by someone repeatedly selling copies with the same key. All else is academic, no matter where you live.
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Offline runequester

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Re: whdload collections legal?
« Reply #28 on: September 16, 2011, 11:09:03 PM »
Yeah its one thing with 20 year old games from defunct companies but whdload is still being developed.
 

Offline TheGoose

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Re: whdload collections legal?
« Reply #29 from previous page: September 17, 2011, 03:27:35 AM »
Thanks, I didn't even know this stuff existed. Sold!


I bought my WhdLoad license ....
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