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Subject: Re: Question for Johan de Koning. - "Deadking" legality question

Author: Robin Smith

Date: 17:07:38 09/08/03

Go up one level in this thread


On September 08, 2003 at 19:08:04, Dave Gomboc wrote:

>On September 08, 2003 at 18:51:45, Mike Byrne wrote:
>
>>On September 08, 2003 at 13:41:49, Russell Reagan wrote:
>>
>>>On September 07, 2003 at 18:08:14, Mike Byrne wrote:
>>>
>>>>My definition is quite simple.  If the software violates the licenisng
>>>>agreement, it is illegal.  I have read the UBI Soft licensing agreement and like
>>>>most agreements, distrubuting licensed modified code to others (registered or
>>>>not registered ) users is prohibited.  That is exactly what deadking is, it is a
>>>>distributution of modified code that was governed by the licensing agreement
>>>>which explicitly forbade that.
>>>>
>>>>But perhaps, I am wrong -- so I will pose the question to the author of the "The
>>>>King" and one of our esteemed members  of CCC, Johan de Koning, about the
>>>>legality of "deadking".
>>>>
>>>>Johan - are your views of the legality of the "deadking" - modified "the king"
>>>>engine code that allows the user to use the "The King" engine in the Fritz
>>>>enviroment without ever requiring the OPK code?
>>>>
>>>>Best,
>>>>
>>>>Michael
>>>
>>>I'm not entirely up to speed on the issue being discussed here, but just some
>>>food for thought: The issue of distributing modified licensed code really isn't
>>>important, because it can be gotten around. Someone can just as easily make a
>>>program from scratch that will "patch" Chessmaster (or any other program), and
>>>there should be nothing illegal about distributing the patching program. Yes, it
>>>is a small technicality, and the intent is still the same, but there is nothing
>>>illegal about a program written completely from scratch that modifies a memory
>>>location or modifies a file. If the author is careful to make the user select
>>>which file to change, then there is nothing illegal about the program or it's
>>>distrobution.
>>>
>>>Basically the point is that the creator of such
>>>cheats/hacks/"fixes"/patches/etc. can create them legally and put the burden of
>>>illegal actions onto the user (who obviously doesn't care about legallity in the
>>>first place).
>>
>>You raised an interesting point.  The illegal action transfers to the user who
>>applies the patch, who obviously does not care.  In the spirit of our charter,
>>it does not change things one iota - it is still an activity of questionable
>>legality and it will still be a forbidden topic on CCC best pursued under
>>r.g.c.c where there is no such charter.
>
>I think you guys are jumping to the conclusion that applying the patch is
>illegal.
>Dave

Dave you are correct. It isn't illegal, in spite of what the license agreement
says. No license agreement can legally limit reasonable use of a product, in
spite of what the license agreement's wording may say. If I buy a printer, and
the printer manufacturer has a license agreement inside the box that states I
can only use original manufacturer printer cartridges, it will not stand up in
court. Neither would the UBI soft agreement.



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