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- Newsgroups: comp.sys.ibm.pc.games
- Path: sparky!uunet!cs.utexas.edu!torn!utzoo!telly!druid!r-node!yung
- From: yung@r-node.gts.org (Amos Yung)
- Subject: Re: Poor Mr. Pirate can't afford to *pay for* games (was Re: Ci
- Message-ID: <1992Nov05.025903.21703@r-node.gts.org>
- Organization: R-node Public Access UNIX Information System (416-249-5366)
- References: <1992Nov01.224302.1959@r-node.gts.org> <1992Nov3.052615.23825@nuscc.nus.sg>
- Date: Thu, 05 Nov 1992 02:59:03 GMT
- Lines: 79
-
- In article <1992Nov3.052615.23825@nuscc.nus.sg> law40003@nusunix1.nus.sg (TAN YEW KEONG) writes:
- >Amos Yung (yung@r-node.gts.org) wrote:
- >: >If you give your used software away - let's say it's a RPG - you have
- >: >deprived the author of a chance to make another killing by selling his
- >: >package to another RPGer. It's quite fair - you paid your money, got
- >: >your hots from the game - and that's what you get. If you pass your game
- >: >to another person, free, then two people will get their hots, but the
- >: >programmer only gets one payment.
- >: >
- >:
- >: Would you apply the same reasoning to the usage of toaster or coffee machine?
- >:
- >:
- >No, we cannot apply the same reasoning to the usage of a toaster or a
- >coffee machine. There is a fundamental difference between a poster and a
- >RPG. (sorry not poster - toaster). A toaster is almost totally
- >utilitarian in nature - to toast. If you sell away a toaster, you are
- >deprived of its use. However, where RPGs are concerned, a lot of the
- >value of the RPG lies within its plot and storyline, and a part of its
- >value also lies in the excitement during gameplay.
- >
- >With regard to the plot and the storyline, it is a one-off matter, and
- >once somebody gets the whole plot or story, repeatedly playing the game
- >does not give him any more of this plot or story,but the plot is
- >retained in memory forever.
- >
-
- >.... A great deal deleted.....
-
-
- I don't see it this way. When I purchased a toaster, it became my property.
- I can do with it WHATEVER way I see fit. Not only I have the right to give
- it away, if I ever make a million bucks from a $20 toaster, the manufacturer
- won't even entitle to a single penny. Same thing with software, I purchased
- the software then it belongs to me. Yes, I know. Today nobody sell software.
- They only sell you a license to use it so I don't actually own the stuff.
- Rest assure I comply to this kind of condition because of the lack oqf choice, not out of mutual agreement.
-
- Besides, what would you say to other kind of intellectual properties? Should I
- not have the right to give my friend a book, a video tape, an audio tape?
-
- >
- >I am sorry if the reasoning is complicated and obtuse, but I am just
- >coming to grips in this incredibly complicated area of computer law.
- >Never has the law had to deal with literature meant for computers
- >(computer programs) and hitherto, have only dealt with literature for
- >humans (books etc). Therefore, some homocentric laws, which are totally
- >unworkable, are tailored to work with computers, and fall flat on their
- >faces.
- >
-
- That I agree.
-
- >By the way, this is just a rationalisation for the law. The law is
- >simple - it is contract based - you open the shrink wrap, you accept the
- >term that you cannot sell the program to any third party. Easy shit, but
- >if you want some justification, read the above!
-
- From what I've heard, many states court in USA rejected the claim that the
- customer automatically (and by default) agree to the contract if he/she
- opened the shrink wrap. w
-
-
- >--
- >
- >_________________________________________________________________________
- >Michael Tan Yew Keong | law40003@nusunix1.nus.sg | law40003@nusvm.nus.sg|
- >Final Year Law student - OH GOD, IT'S BEEN A HELLUVA LONG TIME!!! |
- >________________________________________________________________________|
- >Singapore is a FINE country - FINE for littering, FINE for chewing gum,|
- >FINE for smoking, FINE for not flushing public toilets ... et cetera. |
- >_______________________________________________________________________|
-
-
- --
- ----------------------------------------------------------------------------
- Amos Yung | Macintosh Jr.: The power to crush the other kid.
- yung@r-node.gts.org|
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-