Post by: chilin_dude on June 16, 2004, 03:02:00 AM
Post by: thehittmann on June 16, 2004, 03:24:00 AM
Post by: Xeero on June 16, 2004, 03:32:00 AM
Post by: chefelf on June 16, 2004, 03:36:00 AM
| QUOTE (quarryman @ Jun 16 2004, 06:07 AM) |
| *LINK REMOVED* being one example (i assume its ok to give this link). |
Please do not post links to any such sites here. It's not okay to give links to places that sell backups or links to downloads.
Post by: NekoFever on June 16, 2004, 05:39:00 AM
Post by: chefelf on June 16, 2004, 06:00:00 AM
| QUOTE |
| . If anything on this site is illegal in any way, shape, or form, then we are unaware of it. Neither us nor our host will be responsible for it. |
Oh, so it's that easy? You can just start a business that is illegal and simply have a disclaimer that says you aren't aware of the legality and that you have no responsibility?
Finally I can start that car stealing business I've always dreamed of!
Post by: PolarBearWY on June 16, 2004, 06:02:00 AM
Post by: Mr Ed on June 16, 2004, 07:06:00 AM
This thread is totally not appropriate here for several reasons, and I'll be closing it after this post.
We have a pinned topic addressing that this type of topic is not appropriate here.
http://forums.xbox-s...howtopic=114751
As for legalities...who knows? What country do you live in? What country are you shipping to? What country is the site hosted in? I agree that in the US this isn't legal, but as this is an international site, we have to take into account every law in every country.
But I'm not a lawyer and this isn't a legal forum.
So those are some of the reasons this type of discussion isn't appropriate here.
Closing thread.
Post by: Xeero on June 16, 2004, 07:07:00 AM
| QUOTE (quarryman @ Jun 16 2004, 08:51 AM) |
| Surely their disclaimer does not disclaim them at al,l but is similar to a sign claiming an owner is not liable to injury caused on their property, when legally (in many situations, negligence for example) they are. |
You are exactly right. Just putting up any kind of sign of notice does not mean you can waive your legal liability for any wrongdoing. That would be like me getting arrested for shooting someone, then saying to the cop, "Hey, pal, maybe you didn't read my t-shirt? It says I can't be held responsible for anything I do wrong."
There has to be a pre-agreed contract that shifts liability from one party to the other for any liability to transfer at all. It can't just disappear into thin air. If they made you sign a form that said it was your idea to buy the backup and you accept any legal liability that would go with any violations....then that might have some bearing. Or if the landlord that owns the building out of which this operation runs signed a lease for the tenant saying the landlord is responsible for any illegal activity by the tenant, that might work, too.
Unfortunately for those scumbag backup sellers, calling "not it" doesn't fly when dealing with copyright infringement.
Post by: Xeero on June 16, 2004, 07:10:00 AM
Any chance you could reconsider and open this thread?
Post by: Mr Ed on June 16, 2004, 07:17:00 AM
| QUOTE (Xeero @ Jun 16 2004, 08:10 AM) |
| I don't think that's the intention of the rule. The admins were sick of people saying, "it's legal to download games and here's why...!" or "i live in anarctica and we have no rules about piracy! download from my xbox backup site here _______!" |
Just for the record, I was one of the people that worked on getting something posted about legal discussions, and while I can't speak for other moderators involved, it was definitely my intention to eliminate legal discussions from a technical forum.
Post by: moistness on June 16, 2004, 08:00:00 AM
| QUOTE (chilin_dude @ Jun 16 2004, 01:02 PM) |
| Its a grey area, and you're not allowed to post sites that sell them on XS so I'd edit if I were you. |
(just though I'd look at you all slanty 'cos you did the same to me a while ago!!
)
Post by: chilin_dude on June 16, 2004, 08:16:00 AM
| QUOTE (moistness @ Jun 16 2004, 05:00 PM) |
| (just though I'd look at you all slanty 'cos you did the same to me a while ago!! ) |
MY how the tables have turned, however its not how it looks... I promise 
Post by: chefelf on June 16, 2004, 08:38:00 AM
| QUOTE (Mr Ed @ Jun 16 2004, 11:17 AM) |
| Just for the record, I was one of the people that worked on getting something posted about legal discussions, and while I can't speak for other moderators involved, it was definitely my intention to eliminate legal discussions from a technical forum. |
Makes perfect sense.
The whole backup thing is worth debating but it's so dependent on how you interpret the laws that there can't ever really be any decent outcome. Kinda like debating anything I guess.
Post by: Xeero on June 16, 2004, 09:21:00 AM
I'm not casting any stones. I'm just saying that whatever reasons drove that rule into getting passed, I doubt it was to stop threads like this.
Post by: PolarBearWY on June 16, 2004, 09:26:00 AM
| QUOTE (chefelf @ Jun 16 2004, 05:38 PM) |
| Makes perfect sense. The whole backup thing is worth debating but it's so dependent on how you interpret the laws that there can't ever really be any decent outcome. Kinda like debating anything I guess. |
Regardless of whether or not it is legal...
Regardless of whether or not I would want to pirate anything...
I would NEVER put myself in a position to be in a company's customer database that does shady business. If the FBI or US Customs did walk in there they would seize everything, including their computers, including my name, number, purchase information, etc. Then all the FBI would have to do is knock on my door and check out whether I have intellectual right to the software I purchased.
Post by: chefelf on June 16, 2004, 11:17:00 AM
| QUOTE (realjones @ Jun 16 2004, 03:09 PM) |
| I think the FBI has better things to do then come knocking at your door because you have backups. Unless you are distributing backups to other people, I wouldn't worry about it. |
Maybe not the FBI, per se, but it could get you in trouble. Look at all the people sued by the RIAA (though that has pretty much died down and was incredibly stupid) and they were sold out by a legitimate business: their ISP.
Also DirectTV cracked down a while back and raided some companies selling card writers. They got ahold of their databases and issued demands to all the customers that they pay DirectTV a lump sum or else they would be sued. This, like the RIAA thing, was of questionable legality but it still happened. Dummies still had to fork over money to the companies.
So, in short, I agree with PolarBearWY. I certainly woulnd't want my name in their database. Also, on a related note, I don't really want to do business with a company doing something this sketchy.
Post by: Xeero on June 16, 2004, 11:18:00 AM
Post by: quarryman on June 17, 2004, 03:58:00 AM
sorry for putting it in the wrong forum, there's so many.
anyway, let's be honest though. these "suppliers" are simply selling copied games at low prices knowing well most of their customers probably don't have the original copy.
i emailed one of companies to ask about the game The Chronicles of Riddick: Escape From Butcher Bay. This game hasn't even been released over here so i couldn't figure out how i was supposed to have the original copy. I asked how the games could be sold without proof of posessing the original to which the reply was "let's just assume you own the game"
fine by me.
Post by: NoMention on June 17, 2004, 08:31:00 AM
NoMention
Post by: Hoppy on June 17, 2004, 10:14:00 AM
Post by: Lil Joey on June 20, 2004, 10:21:00 PM