No CD cracks again.

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Dottie
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No CD cracks again.

Postby Dottie » Tue Jan 22, 2008 5:20 pm

I'm sorry for bringing this up for the 32525th time, but I would like some clarifications. After reading a number of different EULAs I believe that every single one of them actually forbids the use of No Cd cracks. I know that Buck said in the latest rules discussion that talk about them should be allowed, but if they are illegal does that mean they should follow the same rules as other illegal activities? Or are they excepted?

It might be that my limited grasp of English makes me misunderstand the EULAs, or that there are other laws which are relevant for this, and in that case maybe someone with more knowledge could explain in a bit more detail exactly what is allowed?
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Siberys
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Postby Siberys » Wed Jan 23, 2008 12:28 am

EULA's are only good for general definitions of law, but have no merit on what is actually law. I have a few friends here in America that have been inspected by the police for downloading a crack and some other "iffy" illegal items, but they proved they had the original bought CD and the police left. The same situation might happen in England and that would be a whole new jurisdiction.

EULA's define the law, but don't necessarily enforce it.

Torrents, Daemon Tools, Alcohol 120%, No CD cracks, hacks and editors for single player versions of a game, and other crap like that are all 100% perfectly legal, but 999,999 times out of a million it's used for an illegal purpose.

EULA is not a congress and I have no idea where they get off thinking they can make video game laws in the same way Ted Stevens thinks he can make internet laws, it simply doesn't work like that.
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Xandax
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Postby Xandax » Wed Jan 23, 2008 1:42 am

Most EULA's aren't actually binding legal documents in many countries - I know they aren't for Denmark - because you can't agree to them prior to the purchase. That alone makes them fall in this country.

I actually think in this country it is legal to circumvent piracy protection to be able to play a legit copy. In that aspect, the crack is actually legal - as long as the game/disc you apply it to is legal as well. That is why it is a huge gray zone
at best.
I am not familiar with how the US legislation is regarding EULA's and no-cd cracks, which is why I follow Buck's decision, seeing as this board is US based, and thus falls under US law.

I'd think from a technical perspective as well as a moderating perspective - that keeping no-cd cracks allowed as topic, however to do our best to differ between the crack and piracy usage via the crack. Difficult at best, but IMO the better course of action.
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BuckGB
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Postby BuckGB » Mon Jan 28, 2008 8:33 am

Breaking an EULA isn't illegal, but it could potentially get the person banned from the game's online component or trigger a lawsuit if the person is profiting from the overstep. For example, using a macro program while playing virtually any MMORPG is against the EULA and could get your account banned if caught. It will not, however, ever get you thrown in jail.

Using a No CD crack may be against some EULAs, but it's certainly not illegal unless you're using it to circumvent copy protection and play a game you don't own. As an example, No CD cracks or software such as Game Jackal are used extensively in LAN centers (and promoted through iGames) because the business owners can't possibly be expected to hand out the original DVDs whenever someone wants to play one of about 50 different games loaded on each system. It's perfectly fine for them to do this, as long as they have the appropriate number of original copies on hand.

Make sense?

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Dottie
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Postby Dottie » Mon Jan 28, 2008 11:59 pm

Makes very much sense. Thanks for the clarification.
[SIZE="1"]While others climb the mountains High, beneath the tree I love to lie
And watch the snails go whizzing by, It's foolish but it's fun[/size]