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Convicted console modder has appeal thrown out
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The following comments relate to this news article:
article published on 11 November, 2009
Christopher Paul Gilham, the UK man convicted in 2008 of installing and selling modified Xbox, PS1, PS2 and GameCube consoles has had his appeal thrown out of court this week.
Gilham sold the modded consoles, which allow users to play back pirated games, from 2003 until 2006. His appeal was based on the issue of ?whether the playing of a counterfeit DVD involves substantial copying of ... [ read the full article ]
Please read the original article before posting your comments.
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Daniel_1
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14. November 2009 @ 08:08 |
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Originally posted by doveman:
Well, section 296 of that act gives the copyright owner the same rights to sue someone for importing or selling a device "the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device", as they have for copyright infringement (basically copying), so they could in theory sue an individual who imports a single mod chip for private use if they could show that his actions had cost them money.
Your DVD player clearly wouldn't be covered by this.
Something else to be aware of is that the same section makes someone liable to be sued who "publishes information intended to enable or assist persons to remove or circumvent the technical device."
So section 296 opens the possibility of civil action being taken but section 296ZB creates criminal, imprisonable, offences. Whilst they generally only apply to businesses, they do also make it an offence to distribute a circumvention device, or promote, advertise or market "a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.", " otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner
Nope, then you would be in error. Using your logic means that ALL Tivo's or VHS tapes or even computers (because they can inport audio/video from a PPV channel and place it on a dvd) would be illegal based on the simple fact that they can capture a valid audio/video signal and allw you to migrate said audio/video to another form and be able to watch it later with friends or alone. Same would be for iPhones and Zunes and any other form of phone or mp3 player that can replay audio or video.
The idiots that made these laws are so ignorant as to not understand that the US Supreme Court Betamax decision already ALLOWS for us to make another copy of our purchased games-cd's-movies for our own use and ALLOWS us to have the means to do so. If that means having a modded game station or a program like Slysoft AnyDVD along with DVD Shrink or DVDNextCopy, then there is not a damn thing that the authorities can do about it. I know this for a fact as my attorney is a movie buff and has one room built in his house for movies that he legally buys. He then makes a copy of the movie and places the original in a safe place (his room) and watches the copy so he does not have to worry about the original becoming damaged. He does the same with his cd's so the originals dont get stolen. Someone turned him in for copying these (he thinks it was someone he beat in court and has it narrowed down to two people) and he had to go before a federal judge and explain his actions. Once the Judge found out what he was doing and that there was no proof that he was selling anything, the judge threw the case out with prejudice (that means they can never file a like case against him ever again) as what he was doing is perfectly legal. They also tried to get him because he owned dvd copying programs and the judge looked at them (MPAA/RIAA) and said "it makes no sense to say you can make a copy of a dvd for your own personal use as the Supreme Court has already ruled, and then turn right around and deny the public the same programs that allow them to do this. Case Dismissed with Prejudice"
Where this guy got afoul of the law was that he was SELLING them. Now if he would have just set them up and asked for a DONATION of the cost to send it to you...then he would not have been in violation of anything as the laws clearly only make these illegal when you have them with the intent to sell. If you are giving them away for donations then you are not selling them are you? At least this is how it works under US and Canadian Law
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doveman
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14. November 2009 @ 08:31 |
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Nope, then you would be in error. Using your logic means that ALL Tivo's or VHS tapes or even computers (because they can inport audio/video from a PPV channel and place it on a dvd) would be illegal based on the simple fact that they can capture a valid audio/video signal and allw you to migrate said audio/video to another form and be able to watch it later with friends or alone. Same would be for iPhones and Zunes and any other form of phone or mp3 player that can replay audio or video.
Err, re-read the legislation I quoted. Do you really think that Tivo's, VHS recorders, computers, Iphones, Zunes, mobile phones/mp3 players would be covered by the definition of "a device, the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device"?
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The idiots that made these laws are so ignorant as to not understand that the US Supreme Court Betamax decision already ALLOWS for us to make another copy of our purchased games-cd's-movies for our own use and ALLOWS us to have the means to do so.
Irrelevant, seeing as we're talking about a case in the UK here.
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Where this guy got afoul of the law was that he was SELLING them. Now if he would have just set them up and asked for a DONATION of the cost to send it to you...then he would not have been in violation of anything as the laws clearly only make these illegal when you have them with the intent to sell. If you are giving them away for donations then you are not selling them are you? At least this is how it works under US and Canadian Law
But we're not talking about US and Canadian Law are we. We're talking about an idiotic ruling in the British courts and a piece of UK legislation, which in sections 296ZA-G gives effect to an EU directive.
Section 296ZB, which can be read here http://www.opsi.gov.uk/si/si2003/20032498.htm#24 if you can be bothered, clearly makes it an offence to even import or distribute mod-chips in the course of a business. And if you think that he'd have any chance of a court allowing a defence that he wasn't selling them but just giving them away in return for a donation, then you clearly haven't got a clue.
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AfterDawn Addict
4 product reviews
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14. November 2009 @ 09:52 |
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Originally posted by Daniel_1:
Originally posted by ZippyDSM:
Quote:
Quote:
Originally posted by Daniel_1:
No offense, but between all the sites I gave you you have well over 2 million links for emulators, they cannot ALL be bad
Its not that they are bad...they just show the same 2 xbox emulators. :P
And my point is that not all 2 million plus show the exact same emulator nor the two different emulators. Therefor you cannot make the above statement
Hard to show anything else since those are the only 2 Xboxs emulators ever made so far....
And in that statement, you have just shown you have no idea what your talking about. I have counted 26 different XBox emulators so far in the 2 million links and I am not even half way through the first 500,000.
Well...you've yet to prove me wrong..... give me a direct link to a working Xbox emulator, not a emulator for the Xbox but an actual Xbox emulator for PC or the WII...... I'll gladly eat my hat with aside of foot IF uuu can prove me wrong.....
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.
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Member
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14. November 2009 @ 09:56 |
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I was going to start a new business modding toasters to be a little cooler so the toast doesn't burn. I guess I'll have to scratch that idea.
"Is that 3 thousand dollar bounty on the shark in cash or check?"
"We can do it the easy way...Or we can do it the REAL easy way."
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scum101
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14. November 2009 @ 09:57 |
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Zipp.. no working xbox emulator has been made.. cxbx was actually a tool to make xbe's and deal with homebrew creation.. the other one (I forget it's name) played Turok.. just about, and managed to load the halo boot screen.
The xbox cpu architecture uses a custom instruction set (never published)
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AfterDawn Addict
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14. November 2009 @ 09:58 |
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Originally posted by ChiefBrdy:
I was going to start a new business modding toasters to be a little cooler so the toast doesn't burn. I guess I'll have to scratch that idea.
You mean make the easy break oven alil less like an oven? :P
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.
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AfterDawn Addict
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14. November 2009 @ 09:59 |
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Originally posted by scum101:
Zipp.. no working xbox emulator has been made.. cxbx was actually a tool to make xbe's and deal with homebrew creation.. the other one (I forget it's name) played Turok.. just about, and managed to load the halo boot screen.
The xbox cpu architecture uses a custom instruction set (never published)
T1hHats what I am trying to get Denial_1 to understand..(rolling wif ze eyez)..
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.
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scum101
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14. November 2009 @ 10:06 |
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I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
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AfterDawn Addict
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14. November 2009 @ 10:10 |
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Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.
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Daniel_1
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14. November 2009 @ 13:05 |
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Quote:
Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
And thats what I am trying to tell you. I just looked at the Google Search engine and found over 2 million hits. If you use the nexus search engine (which is Google on steroids x 10) the least xbox emulators you will find is over 10 million hits.
And you realy need to start using a search engine Zippy, here is a site that will tell you EXACTLY how to place XBox and Playstation emulators on your Wii so you can play all three on one system
http://www.tehskeen.com/modules/skeenew/...71dc726271f0b77
If I can find all this stuff, then why cant you guys?
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AfterDawn Addict
4 product reviews
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14. November 2009 @ 13:14 |
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Quote:
Quote:
Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
And thats what I am trying to tell you. I just looked at the Google Search engine and found over 2 million hits. If you use the nexus search engine (which is Google on steroids x 10) the least xbox emulators you will find is over 10 million hits.
And you realy need to start using a search engine Zippy, here is a site that will tell you EXACTLY how to place XBox and Playstation emulators on your Wii so you can play all three on one system
http://www.tehskeen.com/modules/skeenew/...71dc726271f0b77
If I can find all this stuff, then why cant you guys?
And what you fall to comprehend is that they all lead back to the 2 or 3 fake/unfinished Xbox emulators that do not work, the link you posted you did not read because it has no Xbox emulators in it....what it has is general 360 news and a few emulators for the 360, and it also has emulators for the WII but no Xbox emulators for the WII or PC or anything else..... I was asking about(still mythical) Xbox emulators ya know....
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Daniel_1
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14. November 2009 @ 19:36 |
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Quote:
Quote:
Quote:
Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
And thats what I am trying to tell you. I just looked at the Google Search engine and found over 2 million hits. If you use the nexus search engine (which is Google on steroids x 10) the least xbox emulators you will find is over 10 million hits.
And you realy need to start using a search engine Zippy, here is a site that will tell you EXACTLY how to place XBox and Playstation emulators on your Wii so you can play all three on one system
http://www.tehskeen.com/modules/skeenew/...71dc726271f0b77
If I can find all this stuff, then why cant you guys?
And what you fall to comprehend is that they all lead back to the 2 or 3 fake/unfinished Xbox emulators that do not work, the link you posted you did not read because it has no Xbox emulators in it....what it has is general 360 news and a few emulators for the 360, and it also has emulators for the WII but no Xbox emulators for the WII or PC or anything else..... I was asking about(still mythical) Xbox emulators ya know....
And what YOU fail to comprehend is there is no damn way all 10 million links on Nexus and all 2 million links on Google lead back to the same 3 emulators. Unless you have been through ALL these links, then you cannot say that with any degree of fact.
So unless you have been through all of the links I have provided, all you can say for sure is the ones that you looked through (maybe a couple hundred) do what you say but you cannot say that for all the links as you have not seen them therefor you have no bloody well idea WHERE they lead to...now do you?
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AfterDawn Addict
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14. November 2009 @ 19:43 |
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Quote:
Quote:
Quote:
Quote:
Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
And thats what I am trying to tell you. I just looked at the Google Search engine and found over 2 million hits. If you use the nexus search engine (which is Google on steroids x 10) the least xbox emulators you will find is over 10 million hits.
And you realy need to start using a search engine Zippy, here is a site that will tell you EXACTLY how to place XBox and Playstation emulators on your Wii so you can play all three on one system
http://www.tehskeen.com/modules/skeenew/...71dc726271f0b77
If I can find all this stuff, then why cant you guys?
And what you fall to comprehend is that they all lead back to the 2 or 3 fake/unfinished Xbox emulators that do not work, the link you posted you did not read because it has no Xbox emulators in it....what it has is general 360 news and a few emulators for the 360, and it also has emulators for the WII but no Xbox emulators for the WII or PC or anything else..... I was asking about(still mythical) Xbox emulators ya know....
And what YOU fail to comprehend is there is no damn way all 10 million links on Nexus and all 2 million links on Google lead back to the same 3 emulators. Unless you have been through ALL these links, then you cannot say that with any degree of fact.
So unless you have been through all of the links I have provided, all you can say for sure is the ones that you looked through (maybe a couple hundred) do what you say but you cannot say that for all the links as you have not seen them therefor you have no bloody well idea WHERE they lead to...now do you?
But here's the thing you can not prover there are more than 2-4 non functioning Xbox emulators.... I spent half a day looking over the links ya know and I found nothing other than the same set of non functioning Xbox emulators...... and since you can't link to a working one directly it means it dose not exist and by refusing to understand that you are an ass....but probably not as big as me since I wont let this bone go >>.
I is being a bad kitty this week =>>=
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Daniel_1
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14. November 2009 @ 19:55 |
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Say what you will, but unless you have been to every link I gave, you CANNOT say they all go back to just three emulators
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AfterDawn Addict
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14. November 2009 @ 19:59 |
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Originally posted by Daniel_1:
Say what you will, but unless you have been to every link I gave, you CANNOT say they all go back to just three emulators
So you agree you are doing this for the lulz? oy newbs....
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Daniel_1
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14. November 2009 @ 20:23 |
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Quote:
Originally posted by Daniel_1:
Say what you will, but unless you have been to every link I gave, you CANNOT say they all go back to just three emulators
So you agree you are doing this for the lulz? oy newbs....
No, you asked for the links and I gave them to you. And be careful who you are calling a newb! I was making and building home computers back in the early 1970's when the largest hard drive we had was measured in Kb's and not GB's. When the internet was nothing but BBoards and all connections to same were long distance. When all we had for storage were 5in flopy's. And there is a very good chance that I was coding programs and software before you were a twinkle in mommys eye. As a matter of fact I still have my first Tandy Computer around here along with the mighty 4 baud modem.
So make sure of who you are calling a newb, as most people who do that usually end up having to drop their pants to tie their shoes after shoving their foot so far down their throat.
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CarpeSol
Junior Member
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14. November 2009 @ 21:43 |
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Originally posted by scum101:
I think where somebody is getting confused is in the details.. there are many emulators "for" xbox.. but only those 2 that "are"
Hey its not hard for me to get confused, but I believe my question was an Xbox emulator on the WII, and as far as my fuzzy brains are concerned in order to get one on the WII you need to have had one made for PC.
Sure I iz an idiot that can easily corner myself in a conversion(with myself) much less an argument :P
And thats what I am trying to tell you. I just looked at the Google Search engine and found over 2 million hits. If you use the nexus search engine (which is Google on steroids x 10) the least xbox emulators you will find is over 10 million hits.
And you realy need to start using a search engine Zippy, here is a site that will tell you EXACTLY how to place XBox and Playstation emulators on your Wii so you can play all three on one system
http://www.tehskeen.com/modules/skeenew/...71dc726271f0b77
If I can find all this stuff, then why cant you guys?
And what you fall to comprehend is that they all lead back to the 2 or 3 fake/unfinished Xbox emulators that do not work, the link you posted you did not read because it has no Xbox emulators in it....what it has is general 360 news and a few emulators for the 360, and it also has emulators for the WII but no Xbox emulators for the WII or PC or anything else..... I was asking about(still mythical) Xbox emulators ya know....
And what YOU fail to comprehend is there is no damn way all 10 million links on Nexus and all 2 million links on Google lead back to the same 3 emulators. Unless you have been through ALL these links, then you cannot say that with any degree of fact.
So unless you have been through all of the links I have provided, all you can say for sure is the ones that you looked through (maybe a couple hundred) do what you say but you cannot say that for all the links as you have not seen them therefor you have no bloody well idea WHERE they lead to...now do you?
But here's the thing you can not prover there are more than 2-4 non functioning Xbox emulators.... I spent half a day looking over the links ya know and I found nothing other than the same set of non functioning Xbox emulators...... and since you can't link to a working one directly it means it dose not exist and by refusing to understand that you are an ass....but probably not as big as me since I wont let this bone go >>.
I is being a bad kitty this week =>>=
Dude, you really shouldn't feed the troll.
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Daniel_1
Suspended permanently
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14. November 2009 @ 22:30 |
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Your right CarpeSol, I shouldn't
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CarpeSol
Junior Member
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14. November 2009 @ 22:35 |
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Originally posted by Daniel_1:
Your right CarpeSol, I shouldn't
Nice try. ^Troll
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Senior Member
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15. November 2009 @ 02:15 |
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ok Daniel_1 & Zippy DSM you are both completely off topic but i may have a solution for you both.Daniel_1 find a link to a working xbox emulator 1 you have personally tried and post the link it saves Zippy from arguing about it.As for feeding trolls if you feed a troll and show it some kind words it might become your friend.
Back on topic i didnt know it was illegal to import or distribute modchips for the course of a business. ok ive red section 296ZB and it is actually an offence.some laws are so stupid.
custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.
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Daniel_1
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15. November 2009 @ 08:10 |
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Originally posted by xboxdvl2:
ok Daniel_1 & Zippy DSM you are both completely off topic but i may have a solution for you both.Daniel_1 find a link to a working xbox emulator 1 you have personally tried and post the link it saves Zippy from arguing about it.As for feeding trolls if you feed a troll and show it some kind words it might become your friend.
Back on topic i didnt know it was illegal to import or distribute modchips for the course of a business. ok ive red section 296ZB and it is actually an offence.some laws are so stupid.
Fine. Then he can go here and get his emulator http://www.everything4360.com/?hop=milleniumb as nothing I have ever received from this site has not worked flawlessly! and not one of these emulators are the "three" he kept complaining about.
This was my whole point,not every link I gave was to only 3 emulators and to claim over 2 million sites were was completely foolish and a newbish statement no matter how many times he posted it. And for CarpeSol to make his troll statement after I took the other one to school show exactly how newbish and troll speak he has dropped into this conversation when it clear he is as much in the dark as his buddy.
All I can say to the two of them is for them to either go into the light, or spend the rest of their lives in the darkness of ignorance.
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CarpeSol
Junior Member
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15. November 2009 @ 08:17 |
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Quote:
Originally posted by xboxdvl2:
ok Daniel_1 & Zippy DSM you are both completely off topic but i may have a solution for you both.Daniel_1 find a link to a working xbox emulator 1 you have personally tried and post the link it saves Zippy from arguing about it.As for feeding trolls if you feed a troll and show it some kind words it might become your friend.
Back on topic i didnt know it was illegal to import or distribute modchips for the course of a business. ok ive red section 296ZB and it is actually an offence.some laws are so stupid.
Fine. Then he can go here and get his emulator http://www.everything4360.com/?hop=milleniumb as nothing I have ever received from this site has not worked flawlessly! and not one of these emulators are the "three" he kept complaining about.
This was my whole point,not every link I gave was to only 3 emulators and to claim over 2 million sites were was completely foolish and a newbish statement no matter how many times he posted it. And for CarpeSol to make his troll statement after I took the other one to school show exactly how newbish and troll speak he has dropped into this conversation when it clear he is as much in the dark as his buddy.
All I can say to the two of them is for them to either go into the light, or spend the rest of their lives in the darkness of ignorance.
I feel sorry for people who give their cc to random hack sites. As for your "all purpose 360 heaven", it's a known scam site. http://forums.afterdawn.com/thread_view.cfm/596625
Edit: He's not just a troll. He's promoting a site that rips people off.
This message has been edited since posting. Last time this message was edited on 15. November 2009 @ 08:20
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Daniel_1
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15. November 2009 @ 08:42 |
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Quote:
Quote:
Originally posted by xboxdvl2:
ok Daniel_1 & Zippy DSM you are both completely off topic but i may have a solution for you both.Daniel_1 find a link to a working xbox emulator 1 you have personally tried and post the link it saves Zippy from arguing about it.As for feeding trolls if you feed a troll and show it some kind words it might become your friend.
Back on topic i didnt know it was illegal to import or distribute modchips for the course of a business. ok ive red section 296ZB and it is actually an offence.some laws are so stupid.
Fine. Then he can go here and get his emulator http://www.everything4360.com/?hop=milleniumb as nothing I have ever received from this site has not worked flawlessly! and not one of these emulators are the "three" he kept complaining about.
This was my whole point,not every link I gave was to only 3 emulators and to claim over 2 million sites were was completely foolish and a newbish statement no matter how many times he posted it. And for CarpeSol to make his troll statement after I took the other one to school show exactly how newbish and troll speak he has dropped into this conversation when it clear he is as much in the dark as his buddy.
All I can say to the two of them is for them to either go into the light, or spend the rest of their lives in the darkness of ignorance.
I feel sorry for people who give their cc to random hack sites. As for your "all purpose 360 heaven", it's a known scam site. http://forums.afterdawn.com/thread_view.cfm/596625
Edit: He's not just a troll. He's promoting a site that rips people off.
Again with the newbish attacks. Are you ever going to grow up? I was asked for one site and I gave you one site with WORKING EMULATORS and just as soon as I did I knew you two children would say something about it because you cannot help yourselves. Making newbish statements is in your DNA. While I will bet that CarpeSol (and maybe Zippy) can't help BUT answer back to this post all because he(they?) have to have the last word and then we can see exactly who really is the troll here. Watch and see.....
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SoulGLOW
Member
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15. November 2009 @ 21:13 |
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Quote:
Originally posted by doveman:
Well, section 296 of that act gives the copyright owner the same rights to sue someone for importing or selling a device "the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device", as they have for copyright infringement (basically copying), so they could in theory sue an individual who imports a single mod chip for private use if they could show that his actions had cost them money.
Your DVD player clearly wouldn't be covered by this.
Something else to be aware of is that the same section makes someone liable to be sued who "publishes information intended to enable or assist persons to remove or circumvent the technical device."
So section 296 opens the possibility of civil action being taken but section 296ZB creates criminal, imprisonable, offences. Whilst they generally only apply to businesses, they do also make it an offence to distribute a circumvention device, or promote, advertise or market "a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.", " otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner
Nope, then you would be in error. Using your logic means that ALL Tivo's or VHS tapes or even computers (because they can inport audio/video from a PPV channel and place it on a dvd) would be illegal based on the simple fact that they can capture a valid audio/video signal and allw you to migrate said audio/video to another form and be able to watch it later with friends or alone. Same would be for iPhones and Zunes and any other form of phone or mp3 player that can replay audio or video.
The idiots that made these laws are so ignorant as to not understand that the US Supreme Court Betamax decision already ALLOWS for us to make another copy of our purchased games-cd's-movies for our own use and ALLOWS us to have the means to do so. If that means having a modded game station or a program like Slysoft AnyDVD along with DVD Shrink or DVDNextCopy, then there is not a damn thing that the authorities can do about it. I know this for a fact as my attorney is a movie buff and has one room built in his house for movies that he legally buys. He then makes a copy of the movie and places the original in a safe place (his room) and watches the copy so he does not have to worry about the original becoming damaged. He does the same with his cd's so the originals dont get stolen. Someone turned him in for copying these (he thinks it was someone he beat in court and has it narrowed down to two people) and he had to go before a federal judge and explain his actions. Once the Judge found out what he was doing and that there was no proof that he was selling anything, the judge threw the case out with prejudice (that means they can never file a like case against him ever again) as what he was doing is perfectly legal. They also tried to get him because he owned dvd copying programs and the judge looked at them (MPAA/RIAA) and said "it makes no sense to say you can make a copy of a dvd for your own personal use as the Supreme Court has already ruled, and then turn right around and deny the public the same programs that allow them to do this. Case Dismissed with Prejudice"
Where this guy got afoul of the law was that he was SELLING them. Now if he would have just set them up and asked for a DONATION of the cost to send it to you...then he would not have been in violation of anything as the laws clearly only make these illegal when you have them with the intent to sell. If you are giving them away for donations then you are not selling them are you? At least this is how it works under US and Canadian Law
Do you think that you could provide the case info that this lawyer was involved in. What i mean is "Name vs. State/Federal District" Case # and perhaps venue for posterity's sake. I would LOVE to have this decision in my arsenal. We really do need to arm ourselves rather than relying on others to protect us. THANKS IN ADVANCE.
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Daniel_1
Suspended permanently
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16. November 2009 @ 00:14 |
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Sure SoulGlow, it is called
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984) also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television (and now cd's and dvd's legally purchased for your own personal use) shows for purposes of time-shifting does not constitute copyright infringement, but is fair use. The Court also ruled that the manufacturers of home video recording devices, such as Betamax or other VCRs (referred to as VTRs in the case), cannot be liable for infringement.
Supreme Court of the United States
Argued January 18, 1983
Reargued October 3, 1983
Decided January 17, 1984
Full case name Sony Corporation of America et al. v. Universal City Studios, Inc., et al.
Citations
464 U.S. 417 104 S. Ct. 774; 78 L. Ed. 2d 574; 1984 U.S. LEXIS 19; 52 U.S.L.W. 4090; 220 U.S.P.Q. (BNA) 665; 224 U.S.P.Q. (BNA) 736; 55 Rad. Reg. 2d (P & F) 156
Prior history
Unfair competition claims dismissed, 429 F. Supp. 407 (C.D. Cal. 1977); judgment for defendants, 480 F. Supp. 429 (C.D. Cal. 1979); affirmed in part, reversed in part and remanded, 659 F.2d 963 (9th Cir. 1981); rehearing denied, 9th Circuit, 1982; cert. granted, 457 U.S. 1116 (1982); reargument scheduled, 463 U.S. 1226 (1983)
Subsequent history Rehearing denied, 465 U.S. 1112 (1984)
Holding
Manufacturers of home video recording machines (and now including cd and dvd recorders) could not be liable for contributory copyright infringement for the potential uses by its purchasers, because the devices were sold for legitimate purposes and had substantial non-infringing uses such as making copies of legally purchased cd's-dvd's for own personal use). Personal use of the machines to record broadcast television programs (and now includes dvd and cd copying for personal use) for later viewing constituted fair use. Ninth Circuit Court of Appeals reversed.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
Majority Stevens, joined by Burger, Brennan, White, O'Connor
Dissent Blackmun, joined by Marshall, Powell, Rehnquist
Laws applied
17 U.S.C. § 101 et seq. (Copyright Act of 1976)
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