Date : Fri, 30 Sep 2011 07:37:08 +0200
From : rick@... (Rick Murray)
Subject: Superior Software ADFS Disc Protection
On 29/09/2011 19:18, Daniel Alejandro Benavides D. wrote:
> 2. You will abide by the Copyright Law of the United States.
Irrelevant. A piece of paper that you have not signed (and quite
possibly one you have signed) cannot make the law of a different country
take precedence over your own local laws.
Furthermore, if the licence does not state words to the effect of "if
any part of this licence is judged to be invalid, then that clause alone
is invalid and the remainder of the licence stands", then the entire
licence is likely null and void.
And just to kick a dead donkey - what is this "Copyright Law of the
United States" exactly? If you read enough of these bul***it licences
(especially the modern fifty-page ones), it'll quickly appear clear that
each state has its own slightly different interpretation - as was clear
from the UCITA debacle - some states (specifically Virginia and
Maryland, way to go, guys!) voted in favour of it, while others (inc.
California IIRC) outlawed it!
--> If you haven't ever come across UCITA, just know Richard Stallman
had a lot to say about it. http://www.gnu.org/philosophy/ucita.html
With legislation like that, who needs enemies?
> It prohibits you from making any additional copies, except as
> expressly provided by McGraw-Hill.
<pedant> Is "execution" counted? Well, it's a copy... </pedant>
The phrase "expressly provided", is this a physical entity - like "we
have provided you with a copy of this disc" or is it a logical entity
(like "provisions" on a driving licence). Does McGraw-Hill specify that
they allow for the provision of making a copy in memory for execution?
If they're going to write this rubbish, they ought to be completely
unambiguous.
> McGraw-Hill will provide you with one back-up copy at minimal
> cost or no charge.
Now this is interesting - European law provides for you to have the
ability to make backups. If they offer a copy at *no* cost, then fair
enough. If at cost, then at what cost is it deemed an additional
purchase, and thus you are permitted to take alternative steps to create
the copy to which your are rightfully and lawfully entitled?
> the problem over our Microcomputer Software Hotline: call toll free
> 800-782-3737, Monday through Friday, 8:30 A.M. - 4:30 P.M. EST (N.Y
> residents call 212-512-3314, collect.)
Nice to see that there is provision for people in other countries. Oh,
wait, they're American. Other countries either don't exist, are sandpits
full of Al Qaeda, or haven't yet discovered the wheel (never mind
electricity, telephones, and flushing toilets)...
> Thanks in advance
Now let's look at it from an alternative view.
Firstly, I very much doubt Superior Software is going to claim in this
case. Making a copy for personal backup purposes is a very different
beast to making a copy to dump on the Internet. Whether it is lawful or
not, for a quarter-century-old mostly forgotten thing, it wouldn't even
be cost effective to get a cease&desist drawn up.
Secondly, breaking into the protection system - even if subsequently
documented on-line, is unlikely to carry much ire in the legal sense.
While it could be argued as a necessity to create your entitled backup,
the basic fact is that it is something ages old that is neither
supported nor really considered any more. To break protection on a title
you own is not going to cause loss of sales. To then describe said
system is equally not going to lead to a loss of sales - for the
information will only be of use to a person who has a copy of said disc.
[of course, there's always the fact that somebody could drop a rar on a
fileshare site, but this argument is as flawed as shouting at McCulloch
because somebody got murdered with a chainsaw]. Furthermore, to describe
how the system works is not going to cause a loss of earnings to
Superior (if they still exist) as the methods and technology are most
likely fairly specific to the Beeb, and - well - you try finding a
modern computer with a floppy drive. And don't count those USB jobbies.
I'm a little upset that mine tries to be "smart" for this means it is
only capable of FAT style floppy discs - getting it to read an ADFS
floppy is simply out of the question...
Of course, IANAL - but it is worth looking for what the
copyright/software entitlements are in YOUR territory, as those are what
you will be expected to obey (although *everybody* specifies a
jurisdiction; it is perhaps most likely only useful if you try to sue
the publisher?).
Time for a quote:
--8<--------
Article 5
Exceptions to the restricted acts
1. In the absence of specific contractual provisions, the acts referred
to in points (a) and (b) of Article 4(1) shall not require authorisation
by the rightholder where they are necessary for the use of the computer
program by the lawful acquirer in accordance with its intended purpose,
including for error correction.
2. The making of a back-up copy by a person having a right to use the
computer program may not be prevented by contract in so far as it is
necessary for that use.
3. The person having a right to use a copy of a computer program shall
be entitled, without the authorisation of the rightholder, to observe,
study or test the functioning of the program in order to determine the
ideas and principles which underlie any element of the program if he
does so while performing any of the acts of loading, displaying,
running, transmitting or storing the program which he is entitled to do.
--8<--------
Full text at
<http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32009L0024:EN:NOT>
and if English isn't your native language, there are numerous options
available as HTML, PDF, or TIFF.
Aside: Provision 5.3 is interesting as it would seem to fly in the face
of the current "patent" hysteria currently endemic in the US.
Heh, just wait until you clock eyes on article 6. Ho-yay!
Note: The older 91/250/EEC has been repealed. This is 2009/24/EC. This
must be adopted by member states. Most have, i.e. French law
L.94-361 for the older 91/250/EEC directive (can't find a
reference for the newer one (but not looked that hard)).
Best wishes,
Rick.
--
Rick Murray, eeePC901 & ADSL WiFI'd into it, all ETLAs!
BBC B: DNFS, 2 x 5.25" floppies, EPROM prog, Acorn TTX
E01S FileStore, A3000/A5000/RiscPC/various PCs/blahblah...