"Goonies'r good enough" with keyboard only

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By mars2000you

Enlighted (6480)

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22-10-2011, 09:30

As I've said, people who have buyed the cartridge have the right to make a dump and to use it on an emulator. Some people think that this right does not exist. For their info, they should read this article concerning an USA High Court decision about the Betamax case :

http://www.worldofspectrum.org/EmuFAQ2000/EmuFAQ_Y2KAddendum2.htm

Excerpt :


1.Copyright law says that I have the legal right to archive computer software that I have legitimately obtained (17 USC 117). It says nothing whatsoever about preserving the original format of the software in question, nor does it require that I have to follow the vendor's intent in this matter. I can make my backup on any media and in any format I want. So much for disk image ROMs. Just because it's a disk image doesn't mean it's not a backup
2. Case law has demonstrated that an uncirculated, unauthorized derivative work based upon a program originally stored in ROM can be noninfringing (Nintendo v. Galoob). As long as I paid for the original, and as long as that noninfringing derivative work remains with me, then no harm is done to the original vendor. So much for binary dump ROMs. They are not automatically infringing.
3. Both copyright law and case law recognize a user's need to modify a given computer program in order that it may perform as designed irrespective of vendor desire (17 USC 117, Vault v. Quaid, Narrell v. Freeman). Such works are certainly derivative, but the courts have ruled them to be noninfringing. So much for the vendor's infringement claims. Just because a derivative work is made doesn't automatically mean it's infringing.
4. The U.S. Supreme Court has ruled that the personal use of copyrighted material, irrespective of how those copies are made, or in what format they are stored - even if it differs from the original, is noninfringing (Sony v. Universal). Personal use is noncommercial use. The Supreme Court made the case that noncommerical use is noninfringing, so long as it does not cause harm to the vendor. Personal use does not cause harm to the vendor by its very nature - the vendor doesn't know about it and has no access to works derived under personal use. They can only speculate about its possibly infringing nature, and they are forbidden by the Supreme Court from engaging in speculation. If a ROM is made for the express purpose of personal use, then it qualifies for protection under the high court's Betamax decision.

If you read this carefully, the problem is not the special cheat allowing to play the game on an emulator, but the spreading of this cheat.
Something I'll remember for the next time a similar problem will happen.

By pitpan

Prophet (3155)

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22-10-2011, 11:12

Again. We're not talking about legal issues and of course we're not discussing US law here. We were just talking about "right" and "wrong". It's up to anyone to judge, but sincerely I consider that the time for an apology is due. It's just my opinion.

By snout

Ascended (15187)

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22-10-2011, 12:11

I can only second that, pitpan.

Mars2000you: What hurts me most about this topic is that you don't seem to regret that, at least partly because of what happened in this topic, an active and brilliant MSX group decided to call it a day. You have your precious "very special cheat" and it seems like you could not care less about the effect your actions had. Regardless of legal issues, regardless whether Kralizec are overreacting or not, this outcome can not be what you had in mind, can it?

By fiteblog

Rookie (30)

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22-10-2011, 13:08

In the last year and a half, I've bought 10 cartridges. Eight of them were new games and only two of them were secondhand Konamis. Two of those 8 new games were Kralizec's.

Many of my non MSX buddies get really surprised about how active the scene has become again these days. I feel very lucky, near my 40s, to have an old computer with new software, especially multiplayer games to have some great fun like Qbiqs or Heroes Arena. I'd hate to see Kralizec go off the radar, as I'd hate to see other groups or individual developers leaving. I really hope they have second thoughts. Let's give the guys some space, maybe they'll reconsider it.

By Sama

Ambassador (2068)

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22-10-2011, 15:07

About everything that can be said is already said on this topic now, but I do have to react to the blatant assumption that US law suddenly equals global law. Mars, this party you started takes place in EUROPE Tongue.

By Vampier

Prophet (2412)

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22-10-2011, 16:38

for the love of MSX... 'buyed' really is spelled as bought!!!!

By Lazzeri

Champion (280)

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22-10-2011, 18:48

About everything that can be said is already said on this topic now, but I do have to react to the blatant assumption that US law suddenly equals global law. Mars, this party you started takes place in EUROPE Tongue.

And funny enough cracking software protection is a clear and direct violation of the DMCA, "Digital Millenium Copyright Act", punished with jail time. Smile

Are you sure you still want to use USA law as the standard on this particular subject, Mars? Wink

By mars2000you

Enlighted (6480)

mars2000you さんの画像

22-10-2011, 18:55

About everything that can be said is already said on this topic now, but I do have to react to the blatant assumption that US law suddenly equals global law. Mars, this party you started takes place in EUROPE Tongue.

And funny enough cracking software protection is a clear and direct violation of the DMCA, "Digital Millenium Copyright Act", punished with jail time. Smile

Are you sure you still want to use USA law as the standard on this particular subject, Mars? Wink

Read better this very long article : The DMCA does not apply to personal use.

By Lazzeri

Champion (280)

Lazzeri さんの画像

22-10-2011, 19:37

Read better this very long article : The DMCA does not apply to personal use.

Publishing your findings on the internet is "personal use"? Amazing!

So next time Sony sues GeoHot all they have to do is print this very long article? Kewl! Big smile

By mars2000you

Enlighted (6480)

mars2000you さんの画像

22-10-2011, 19:47

So next time Sony sues GeoHot all they have to do is print this very long article? Kewl! Big smile

Next time will be different as I've already written :


the problem is not the special cheat allowing to play the game on an emulator, but the spreading of this cheat.
Something I'll remember for the next time a similar problem will happen.

But maybe a similar problem (= dumped game not working on emulator) will not happen, as it's the case for
95% of the new games available on cartridge : some people buy them, dump them, use the ROMS in the emulators
and the blueMSX and openMSX teams don't receive any complaint to say 'this game does not work'.

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