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Comment Advice (Score 1) 494

The best thing to do is to find a free legal clinic in your area. I volunteered at a clinic in Toronto called Artists Legal Advice Services, which offered 1/2 hour of free legal advice to artists/creators/etc. There may be a similar clinic in your area. If not (or in addition) I recommend you read a primer on Intellectual Property Law. I like the "Irwin Law" introduction to Intellectual Property. Finally, questions about whether your game infringes someone's copyright or trademark often do not have right or wrong answers. That is precisely why we have a court system, and why we pay lawyers so much. These questions are argued and resolved at the time of trial. The best you can do is to be aware of the legal landscape and hope you can afford a good lawyer if it comes down to that.

Comment Re:Hardcore players (Score 1) 459

The only reason Copyright exists is because some thinkers in the 17th century decided that a time-limited mechanism to reward the makers of new ideas would promote creation and exchange of ideas more than it would hinder it.

This is close to the truth but not entirely correct. The precursor to modern copyright were the licensing laws put into place with the invention of the printing press. Printing anything without a license was made into crime, and this license to print -the copyright- was given to a printer only after the work had been deemed to be non-blasphemous and non-seditious. In other words, the inception of copyright was a regime of censorship.

After the censorship regime was eliminated, the printers had become quite a powerful industry. They lobbied for the ability to continue charging money based on the printing rights they held. This is when the argument you spoke of comes into play. The printers argued that if copyrights are not granted, the production of art will slow down or cease because it will be too hard for creators to turn a profit.

Comment Re:Hardcore players (Score 1) 459

Nonsense. Law is simply morality that's been codified. We believe killing people is wrong, so we make a law to reflect our shared morality. We have also decided that it's right that the people who create artworks deserve some reward for that work. The system to make that reward possible is copyright. Saying the system is not working properly, and that you want to change it, is a very different statement from saying that breaking copyright isn't about morality. This is, at its core, *completely* about morality...the question is only whether the law reflects your moral view (or, better, society's overall moral view).

You are 100% wrong in almost everything you just said. First, let me start out by pointing out that there are two classes of laws -moral/rights based laws and utilitarian/instrumental laws. Only the former is about morality. Laws in the latter class are not based in morality but are rather intended to achieve some particular goal. Copyright law, at least in the US, Canada, and the UK, (among others) is a utilitarian regime (France, for example, has a rights based system of copyright). This is why the US constitution limits the power of congress to create monopolies in works, requiring that such monopolies must be in service of the promotion of progress in science and the arts (that is the utilitarian aim of the law) and must be for a limited period of time (recognizing that granting a monopoly in intellectual products is or may be a necessary evil). In conclusion, you couldn't be more wrong in your opinion of copyright, which is a regime intended to promote progress in science and the arts. If it ever fails to achieve that, for example by preventing people's preferred enjoyment of intellectual products, then it has failed in its essential purpose and should be amended.

Your "private transaction" argument is also legally questionable. For physical things, (and in US law) if you buy something you have reasonable reason to believe is stolen you will also have committed a crime: Receiving Stolen Goods [jrank.org]. It's designed to allow the state to punish fences as well as the thieves themselves, but laws like this will be cited in any discussion of similar behavior online. If you have reasonable reason to conclude that the person you're dealing with is selling you an illegitimate copy of a game, you are not free from liability. Your liability is certainly less than the person selling the thing, but you're not completely innocent in the exchange.

Intellectual products are not physical things, and it is completely erroneous to use the analogy of physical property. Copyright was never even referred to as "property" until recent history, and this change in language was largely a rhetorical move by rights holders intended to shift the opinions of people like yourself. Turns out that this was a good strategy, judging by your overconfidence in your flawed views. Copyright is a system of rights that may or may not make the purchasing of infringing copies wrongful, but whether or not it does, and the extent to which it does, will be based on policy considerations concerning the goals of copyright, and not moral considerations about the wrong of "stealing" someone's "property". In Canada, for example, it is perfectly legal to accept a CD with infringing copies of music, even if you know them to be infringing. What is prohibited is the reproduction of the songs, not the accepting of them.

Comment Re:Even with the PS2 hardware inside... (Score 1) 108

Most PS2 games make use of the rumble feature of the dualshock controller as a part of the gaming experience. And until the PS3 has a method of using the old controller with the old games you will be missing out on that experience, when you play your PS2 games on your PS3.

You mean like the many PS2 Controler-to-usb adaptors?

(Score:3, Informative my Arse)
The Internet

Submission + - Walmart downloads reject Firefox, Apple browsers

babooo404 writes: Last week, Walmart launched their online video download service. Immediately there were posts that the service did not work with the Firefox or Safari browsers. There was a collective, "WTF" when this happened as this is 2007, not 1997. Now it appears that reports are out that Walmart has COMPLETELY turned off the ability to get into the application at all by Firefox, Safari or any other browser it does not like.

http://www.centernetworks.com/walmart-in-bed-with- microsoft-no-to-firefox
PlayStation (Games)

Blame Gaming - Is the Blinking PS3 Sony's Fault? 103

mattnyc99 writes "After discovering a blinking problem associated with the HDCP handshake from an HDMI cable to the PlayStation 3, then solving it, Popular Mechanics has now set off a mini-war between Westinghouse and Sony. The 1080p TV set maker appears to be blaming Sony as the source of the blinking PS3, and the two powerhouse companies have organized a meeting to settle the score. From the article: '[Westinghouse had] one suggestion for PS3 owners with blinking Westinghouse televisions: Purchasing an HDMI to DVI adapter to bypass HDCP. Average cost of an adapter: $30. As we reported last week, Popular Mechanics has found an even easier solution: Unplugging the HDMI cable, and then plugging it back in'"
The Courts

Ohio Recount Rigging Case Goes to Court 224

The Akron Beacon Journal is reporting that the trial of the three election workers accused of rigging the 2004 presidential election recount in Cuyahoga County is finally underway. As you may recall, this was the case where poll workers 'randomly' selected the precincts to recount by first eliminating from consideration precincts where the number of ballots handed out on Election Day failed to match the number of ballots cast and, then opening the ballot boxes in private and pre-counting until they found cases which would match up. What is interesting here is that they have already admitted doing this and that it was clearly counter to the letter and the spirit of the law, but still insist it wasn't really 'wrong,' presumably since they only did it to avoid having to go to the bother of a full recount as required by law.

Role Playing (Games)

BioWare Goes Episodic With New Games 52

The word from the site Computer and Videogames is that BioWare will be offering episodic content for all of its upcoming games. This includes Mass Effect, Dragon Age, and Jade Empire: Special Edition. CEO Ray Muzyka, in an interview with CVG, talks about this and many other elements of the coming year in PC gaming. From the article: "The videogame market is very cyclical and PC and console gaming have an uneasy alliance - as new console systems are released, early adopter fans move over to check those games out and as PC systems reach and surpass console systems at the end of a console life cycle, a good number of those early adopter fans move back over to PC gaming. Console gaming is huge of course, especially when you add in hardware sales, but it's hard to quantify the enormous impact of online gaming on the overall PC market - retail sales just don't capture the revenues from the increasingly successful PC MMOs as well as digital distribution and episodic gaming (which are both gaining strength year after year)."
Games

Sequels We'd All Like To See 514

Voodoo Extreme has a feature up that's a wishlist for future sequels. They run down some great game franchises that have been off the board for a little while, and wonder out loud about the possibility of new installments. Besides the usual suspects for lists like this (StarCraft, TIE Fighter, Descent, Ultima), they touch on some cult favorites that are ... less likely to show up in modern gaming. From the article: "Planescape Torment 2: The Poop -- Loved by many a forumgoer is Planescape Torment, a Dungeons & Dragons-themed RPG set in the other planes of existence. It was a dark game with evil undertones, but also lighthearted and funny at times. Just think Baldur's Gate with an M rating. The Scoop -- Odds of a sequel are equal to or greater than Elvis coming home on the mothership." Any oldies you'd like to see back on modern systems? While I really like many of the ideas listed here, the LucasArts classics Grim Fandango and Maniac Mansion are the ones I'd most like to see rehashed.
Math

How Can We Convert the US to the Metric System? 1487

thesolo asks: "Despite past efforts of the 1970s and 1980s, the United States remains one of only three countries (others are Liberia and Myanmar) that does not use the metric system. Staying with imperial measurements has only served to handicap American industry and economy. Attempts to get Americans using the Celsius scale, or putting up speed limits in kilometers per hour have been squashed dead. Not only that, but some Americans actually see metrication efforts as an assault on 'our way' of measuring. I personally deal with European scientists on a daily basis, and find our lack of common measurement to be extremely frustrating. Are we so entrenched with imperial units that we cannot get our fellow citizens to simply learn something new? What are those of us who wish to finally see America catch up to the rest of the world supposed to do? Are there any organizations that we may back, or any pro-metric legislators who we can support?"

Game Industry Folks Siding With the Wii 432

Gamasutra's semi-regular feature taking the pulse of folks in the game industry turns its attention this week to the PS3 and Wii launches. From the comments submitted to the site, it seems that many industry vets are generally more excited about the Wii than with Sony's offering. From the article: "'Definitely a Wii (already pwii-ordered). The price point of the PS3 and the lack of enticing launch titles makes me as interested in a PS3 as I am interested in getting a root canal.' — Ryan Conlon, Gearbox Software. 'I am buying a Wii because Sony is too arrogant, from their dev tools to the price point.' — Ed O'Tey, Electronic Arts. 'Wii — pre-ordered. I applaud the attempt to expand and explore game interaction with the Wii. I will not be purchasing a PS3.' — Jim Perkins, EA Canada"

PS3 Scales 1080i To 480p On HDTVs 125

Dr. Eggman writes "According to an article from IGN, PS3 owners are finding that 1080i-only HDTV sets are scaling down launch games to 480p. The scale-down occurs because the launch games do not support 1080i, however they should be scaling down to an HD resolution of 720 instead of 480p. It is unknown if this is a technical or software issue and if it can be patched soon." ABC news is reporting that a patch which should be available to PS3 owners soon will correct the backward compatibility issues we discussed the other day.

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