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Author Topic: Ninjahacket.net - Dead?  (Read 4894 times)

Killdiemurder

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Ninjahacket.net - Dead?
« Reply #45 on: January 28, 2005, 10:16:00 PM »

sad.gif
I hope things work out in your favor Cypher and I'll gladly donate to help support Ninjahacker. Keep us updated.
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FM77

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« Reply #46 on: January 28, 2005, 10:28:00 PM »

QUOTE(cypher35 @ Jan 28 2005, 06:52 PM)
To answer your question, i have gotten a summons, which is nothing more than a vague list of complaints like "violation of copyrights" which doesn't really tell me anything about what specificly is in breach of the copyright laws.


Oh, so there *has* been something official that came to you, okay. I couldn't tell for certain from the previous replies. (There goes my "elaborate hoax" theory... `.` )

Guess for now we'll just have to wait and see what happens.

-FM77, of course doesn't *like* waiting... But really, does anyone ever say they do?
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cypher35

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Ninjahacket.net - Dead?
« Reply #47 on: January 29, 2005, 02:09:00 PM »

QUOTE(ps2.boomtown.net)
Tecmo, developers of so-so beat ‘em-up series Dead or Alive and the unspeakable blight on the gaming world that is Dead or Alive Xtreme Beach Volleyball, have won their legal battle against the makers of a hacked version of Dead or Alive 2 for the PS2.

The patch, produced by a small Japanese developer called West Side, allows you to play as Kasumi (one of the central female characters in the game) in the nude. The Japanese Supreme Court has decided this contravenes Tecmo’s copyrights and has forced West Side to pay them the equivalent of £10,000.

Japanese copyright laws are quite different to those in the West and although a similar nudity effect can be instigated by using Datel’s Action Replay, Tecmo would never be able to sue over here. Not that they haven’t tried, since the nudity patch for Dead or Alive Xtreme Beach Volleyball was created by Western “enthusiasts” and has so far remained out of their grasp.
you can find this one here

I have also found a few other quotes that mention Tecmo not pursuing lawsuits over here because of the differing copyright laws.
QUOTE(pgnx.net)
Tecmo did not persue a lawsuit in the United States, where the courts have previously upheld the rights for accessories to alter games in similar matter. Nintendo previously attempted lawsuits but was never victorious.

Could anyone fill me in on what case(s) this quote is refering to?  I think this may have been referring to using a gameshark or action replay, but it can be considered somewhat similar to what is being done with many xbox games.

If anyone can find anything out regarding our copyright laws on the matter, previous similar court cases, as well as the outcomes of other tecmo lawsuits i would be very greatful.

I would also appreciate it if someone could point me to some other cases involving weather or not the owner of a message board can be completely responsable for it's content.

Peace
-cypher
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brienj

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Ninjahacket.net - Dead?
« Reply #48 on: January 29, 2005, 02:38:00 PM »

QUOTE(ZASADAR @ Jan 28 2005, 04:39 PM)
I just sent tecmo a box of my and others poo with a letter about how much i love this company so i made this box full of lifes chocolates ROFL  rotfl.gif  rotfl.gif  rotfl.gif  I hope they like it maybe it will be their flavor! rotfl.gif  rotfl.gif
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VampireAngel

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« Reply #49 on: January 29, 2005, 03:50:00 PM »

sad.gif
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liddokun420x

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« Reply #50 on: January 29, 2005, 05:05:00 PM »

tongue.gif

ninjahacker was cluttered with tons of nuggets of valuable information buried in a sea of useless posts.

just make users post thier own pics and files like we did in the old days and it'll be all good again.....i mean after tecmo quits being all gay an shit smile.gif

weird shit though that my last post was about being a tecmo informant and starting the case to file a lawsuit against the top members.....then it happens for real huh.gif ......my bad i jinxed you tongue.gif

hentai rulez blah blah blah.....i miss ninjahacker sad.gif ............
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computernerdx2

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Ninjahacket.net - Dead?
« Reply #51 on: January 29, 2005, 06:11:00 PM »

QUOTE
DEAD OR ALIVE Xtreme Beach Volleyball and all of its contents, including audio and visual contents, are protected under the copyright and other laws of the United States of America and other countries.

DEAD OR ALIVE Xtreme Beach Volleyball is licensed only for non-commercial use.
All of the audio and visual contents, including still images and streaming video (motion) images used in this software are licensed only for non-commercial use.

Except as expressly authorized, it is strictly porhibited to reproduce, distribute, exhibit or modify this software and any of its contents, including audio and visual contents. By way of example, to capture, copy or download any of the contents in this software, including audio and visual contents,onto any harware or other software source media for any purpose, by the Internet or any other source, is strictly prohibited.

Reversed engineering, decompiling or disassembly of this software is also strictly prohibited.

The Federal Law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted software or still or streaming visual images (Title 17, Untied States Code, Sections 501 and 506).
The Federal Bureau of Investigation investigates allegations of criminal copyright infringements (Title 17, United States Code, Section 506).


Now correct me if I'm wrong, but according to this "warning" - when you buy the game, you have just purchased a non-commerical license for the game. Therefore, if you dont sell any reproduced, reverse engineered, or any other content fromt the game - you can do whatever you like with it. In the above warning, tecmo warns that:
QUOTE
"it is strictly porhibited to reproduce, distribute, exhibit or modify this software and any of its contents, including audio and visual contents. By way of example, to capture, copy or download any of the contents in this software, including audio and visual contents,onto any harware or other software source media for any purpose, by the Internet or any other source, is strictly prohibited."

Thats just what I like to call a scare clause. The say its prohibited and whatnot, but it really isnt under any law. There is no law under the United States Code that Tecmo repeated refers to that says you cannot reproduce, distribute, exhibit or modify software and its contents. IN FACT: Title 17 of the United States Code, Section 117, specifically states that YOU CAN make a copy or adaptation of ANY software, provided you do not claim to own the original rights to the game and that your explorations are for archival porposes only and not for financiall gain.

Title 17 of the United States Code, Section 117:
QUOTE
117 – Limitations on exclusive rights: Computer programs

   (a) MAKING OF ADDITIONAL COPY OR ADAPTATION BY OWNER OF COPY. – Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
   (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
   (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the even that continued possession of the computer program should cease to be rightful.


Maybe I just have wishful thinking, but as far as I know, ninjahacker has violated no law.
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cypher35

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« Reply #52 on: January 29, 2005, 10:39:00 PM »

looking at the warning again for the first time in a while, i guess the key terms we have to define are "strictly prohibited" and "non-commercial use"...

is displaying images or videos of the game in action considered commercial use in ninjahacker's case?

does strictly prohibited mean anything more than "we would prefer it if you not do this"?  

It cites fines and imprisonment for copyright violation under it, but does it mention any official US law regarding the "modification of the software and any of its contents" or the "reversed engineering, decompiling or disassembly of this software".  Is this implied as a part of the copyright law as well?
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ZASADAR

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« Reply #53 on: January 29, 2005, 10:55:00 PM »

where can we find info about all these fines?
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slipstream

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« Reply #54 on: January 30, 2005, 12:08:00 AM »

I done a little research and ran across this site

10 copyright myths

From what I read and understood there is a defence you could take. It would be that whatever "copyrighted material" (including snipets of code from what I read) was used for educational/ research purposes and would then fall under Fair Use rights. another thing to note is nothing at all we posted, copyrighted or not, has any comercial value which means they could not charge for damages.  Hope it helps, ill post anything else I see.
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computernerdx2

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« Reply #55 on: January 30, 2005, 01:18:00 AM »

This is just the common big guy crapping on the little guy... the only weird thing is that ninjahacker is probably responsible for damn near half of Tecmo's profits last year. Honestly, how many of you here would have boughten the game if you didnt know you could mod it?

If it turns out that you win the case or if Tecmo drops the charges - You should do a counter-suit for deformation of character and teach those bastards not to bite the hand that feeds them.
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cypher35

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« Reply #56 on: January 30, 2005, 02:32:00 AM »

wow, that's a mouthfull FM77.

thanks for the help!  i'm reading through most of the links you posted right now
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cypher35

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« Reply #57 on: January 30, 2005, 02:33:00 AM »

QUOTE(slipstream @ Jan 30 2005, 01:14 AM)
I done a little research and ran across this site
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TOOGAM

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« Reply #58 on: January 30, 2005, 06:45:00 AM »

"the courts have previously upheld the rights for accessories to alter games in similar matter."
This does very much sound like it is referring to Nintendo sueing the makers of the Game Genie (I'm not sure if the suit went against Codemasters, the developer, or Galoob, the distributor).  Nintendo did lose that lawsuit.

Regarding screenshots, there's the whole freedom of press thing.  One could say the screenshots are a review.  On a more condemning note, I remember when Nintendo (or Nintendo Power) sued Prima due to their strategy guide of Golden Eye, saying that the maps were basically a copyright violation.  Nintendo and Prima settled, and the result I noticed is that Prima stopped making guides claiming to be the best unofficial guide released for such-and-such a game, and started releasing official, authorized guides.  As much as IGN took Prima's side, chastizing Nintendo, I guess Nintendo is the one who walked away the winner on that one.

Here's another interesting piece: Stac Electronics sued MS for reverse assembling Stacker and then using that same code in DoubleSpace: Essentially the courts ruled that MS stole Stac's code.  In the lawsuit, Stac reversed engineered Doublespace and used their findings as evidence.  MS objected to Stac's reverse engineering, hoping that they could use some argument of double-standard to say that Stac is undermining its own position with that evidence, and that logically the evidence should either be disallowed, or the case against MS dismissed.  The courts ruled in Stac's favor on this issue, because Stac's counter-argument was that Doublespace was nothing more than stolen Stacker code.  Therefore, when Stac Electronics was reverse engineering DoubleSpace, they were really reverse engineering code that belonged the Stac, and they were not infringing on any legitimate MS copyright.  Stac won that little battle over what is allowed evidence, and later won the entire lawsuit.  My point in all this: Stac Electronics called Doublespace stolen Stacker code, and the courts agreed.  Likewise, perhaps the "stolen source code" being referred to is some sort of CAT/XPR manipulation routines used in the utilities, rather than all-out source code to the game.

Beware of what you get into.  You have obviously heard of Westside's fate.  Nintendo's attack on Crimson Fire's emulator led to it being GPL'ed for "further legal protection" ( http://www.brighthan...meboy_Emulation ), and I haven't heard of the further results of that.  Bleem, while seemingly right in the fight that Sony picked with them, ultimately closed shop because, even though they were selling products (and so the paid lead programmer could afford to take time out to testify in court), the big company's might caused too many legal issues.
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TOOGAM

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« Reply #59 on: January 30, 2005, 06:55:00 AM »

QUOTE(FM77 @ Jan 30 2005, 07:30 AM)
I thought I'd heard about court decisions supporting reverse engineering... *shrug*
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