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Author Topic: Legality, And Me Not Getting Sued  (Read 203 times)

AkumAPRIME

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Legality, And Me Not Getting Sued
« on: October 10, 2003, 08:24:00 PM »

Basically, I want to open up a shop, an arcade type shop, with XboX's running as the main entertainment. I'd like to have HDD backups of my games, so that customers could choose what they'd like to play, and I wouldnt' have to switch disks constantly, or worry about anyone jacking the disks.

the problem is: Is there a legal bios that allows HDD back ups to run. And even if there is, do you think HDD backups would get me sued? probably, but I'd have each "original" copy with it's receipt available to show that I did pay for the code, as a precaution to getting sued.

Tell me what you think

thanx

ehb
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Juggerbot

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Legality, And Me Not Getting Sued
« Reply #1 on: October 10, 2003, 09:52:00 PM »

None of us here can tell you 'yes' or 'no', because Micro­sof­t is constantly saying that Linux is legal and not legal, there's no strait answer. As of games you already own, I'd think it's legal, as long as you HAVE the games. I wouldn't worry too much though, just have the games on display smile.gif

edit:

I don't think there is a legal bios out that will allow you to play games sad.gif
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MemphisReins

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Legality, And Me Not Getting Sued
« Reply #2 on: October 11, 2003, 12:11:00 AM »

Yeah you would have to find a compromise with the old MS as to what you could and couldn't do with regards the modified consoles. They would need to say 'Ok, you can run some modified consoles if...' and then basically they will force you to play their way.

That's my take on it.

& Juggerbot's right, there is no legal BIOS that allows you to play originals (Other than the original BIOS obviously). Hence the need to work with MS. Hey if that company in the east can get the ok to release a highly modified Xbox then there is always hope!
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BenJeremy

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Legality, And Me Not Getting Sued
« Reply #3 on: October 11, 2003, 04:15:00 AM »

As long as you own the games and the Xboxes, M$ can't touch you (they could try, but they'd fail - and I doubt they would go after you on that basis).

Having the games you legally own "installed" on the Xbox should be perfectly OK.
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AkumAPRIME

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Legality, And Me Not Getting Sued
« Reply #4 on: October 11, 2003, 08:14:00 AM »

thanx for the informative replies. The "eastern" mod box, I assume, is the new 1.5 Gigahertz cpu xbox.

and Ben Jeremy-If I own the games it'd be legal, but what about the bios Im using to run the HDD backups? couldnt they get me on that? My partner and I really want to feel safe before we run off on some venture.  I feel that if we make money, people are going to want to their "fair" share.

please, keep the info coming, and elaborate. I will read any and all rhetoric on this thread. And if anyone happans to be a lawyer, with a focus on copy right law, chime in!

ehb
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rahula

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Legality, And Me Not Getting Sued
« Reply #5 on: October 11, 2003, 08:21:00 AM »

why don't you create a multi game disc with playable demos? So that the game is limited and nobody can play all day at your store. Another thing is if you use hdd to load and play games, people can save the games into your Hdd and jack up all the cache and available space on Hdd.
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Trunks

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Legality, And Me Not Getting Sued
« Reply #6 on: October 11, 2003, 09:34:00 AM »

Here is a question for you:  (Ignoring the potential legal bios issues for the moment)

How do you intend to launch these games off of the HD?

With a launcher compiled with M$' XDK ?

Probably not a good idea...
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Mage

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Legality, And Me Not Getting Sued
« Reply #7 on: October 11, 2003, 09:58:00 AM »

Again if it is legal to use a derived work without distribution, he can modify the ms dash to launch the games.

This all depends on if it is legal of course.
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s2k

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Legality, And Me Not Getting Sued
« Reply #8 on: October 11, 2003, 01:57:00 PM »

I hope you also realize that the same licensing agreement for personal use rarely applies for rental situations.
You can just go buy games off the shelf and then rent them out in your shop to play, every publiser has different licensing.

Checkout www.igames.org for gaming center related info.
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psibob84

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Legality, And Me Not Getting Sued
« Reply #9 on: October 11, 2003, 03:15:00 PM »

i'm fairly sure it would not be legal (sucks i know because)
the only bios that can run unsigned/modified code are based on M$ code
the only way to run multiple games of a disk would be to
use evolution X MXM etc (which are all compiled with a stolen version of the MS SDK)
use a hacked demo disk (which again would be classed as stolen software)
even when used for only private use in your own home it is a grey area
but when the above things are used "in the course of a business" it is B&W illegal
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dre145

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Legality, And Me Not Getting Sued
« Reply #10 on: October 12, 2003, 12:31:00 AM »

Ok, I want to know one thing? did MS sue anyone yet for diffrent run bio's. Thing is that all ive heard personally that M$ just doesnt cover your xbox no more and that they try to shut down sites with sdk code.
And the only reason they would probably try to go after you if you didnt own the games if you do ill think you'll be find but anyways thats my word not a lawyer or M$
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blackout_19

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Legality, And Me Not Getting Sued
« Reply #11 on: October 12, 2003, 01:12:00 AM »

Just one point, under DMCA ruling it is against the law to even attempt to circumvent copyright protection. so even attempting to fit a modchip would be illegal, let alone backing up the games.

This is where the DMCA has everyone in the US by the balls.
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AkumAPRIME

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Legality, And Me Not Getting Sued
« Reply #12 on: October 12, 2003, 07:55:00 AM »

MS hasn't sued individuals yet, cuz it's expensive, yada  yada. But if my company started to use modded systems, thus in some sense advertising the greatness of modding.... and if my company started to make money.... MS may decide it can recoup some of it's litigatory spending, as well as strike a blow. I am not taking the risk without legal council, which my partner and I have yet to make a decision about.

As to it being illegal to even "attempt" circumvention of copyright laws, a modchip in itself does NOT constitute an attempt at such an act. Of course, it's illegal to "attempt" to rob a bank, but if you just go into the bank and setup some accounts... Damn it... I can't think of a good metaphor right now, I just woke up... Anyway, I think my point is clear

good morning LA

ehb

EDIT::: typos, blarg
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AkumAPRIME

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Legality, And Me Not Getting Sued
« Reply #13 on: October 12, 2003, 11:42:00 PM »

as I said, my partner and I have yet to decide if we even ought to use up any time talking to a lawyer about this shtuff.
but thanx

ps, I thought a higher court repealed the Australian ruling outlawing modchips!?!?!

ehb
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BenJeremy

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Legality, And Me Not Getting Sued
« Reply #14 on: October 13, 2003, 03:51:00 AM »

QUOTE (Trunks @ Oct 11 2003, 01:34 PM)
Here is a question for you:  (Ignoring the potential legal bios issues for the moment)

How do you intend to launch these games off of the HD?

With a launcher compiled with M$' XDK ?

Probably not a good idea...

Wrong.

The restrictions on the XDK are specifically against the person USING THE XDK to compile and distribute the work. Those in possession of "underground" works are not liable for anything.

Even then, it's fuzzy.... but for users of underground works, there seems to be no penalty, nor has there ever been a legal pursuit.
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