1 reply to this topic

[CoffeeBreakPro]

We have for some time had many discussions concerning Copyright Law, Fair Use, DMCA, RIAA, and how it all applies to current federal law, EULA's, copyright protection schemes, and FS2004.com rules.

Here is what our rules state:

6. Piracy is not tolerated, nor is helping others become pirates. Do not post or request CD keys, no-cd patches or links to sites that offer them.

Here is a brief explanation of US Copyright Law

"U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319} Federal law protects copyright owners from the unauthorized reproduction, adaptation, performance, display or distribution of copyright protected works."

What that means is that if you own copyrighted material, on these forums ususally we are referring to music, games, or some other digital media, then you are forbidden to make copies unless you have the copyright owners expressed consent. Consult the EULA, it should spell it out whether you may or may not make copies.

This is where the DMCA comes in to play:

"Digital Millennium Copyright Act, an act of Congress that was signed into law on October 28th, 1998, by President Clinton. DMCA's purpose is to update U.S. copyright laws for the digital age.

Briefly, the DMCA stipulates the following conditions:
It is a crime to circumvent anti-piracy measures that are built into commercial software.
It is a crime to manufacture, sell or distribute code-cracking devices that illegally copy software. However, it is not a crime to crack copyright protection devices in order to conduct encryption research, assess product interoperability or test the security of computer systems.
Under certain circumstances, nonprofit libraries, archives and education institutions are exempt from the anti-circumvention provisions.
The copyright infringement liability of ISPs that simply transmit information over the Internet is limited. However, ISPs must remove material from users' Web sites that appears to constitute copyright infringement.
The liability for copyright infringement by faculty members and graduate students of nonprofit institutions of higher education is limited when the institutions serve as ISPs and under certain circumstances.
Webcasters must pay licensing fees to record companies.
The Register of Copyrights must submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."."

What that means is that if you have to defeat any sort of copyright protection scheme or technology to create a copy then you just violated federal law.

Where some folks get confused is when Fair Use Law is mentioned. Many people think this means they can create one back up copy of any copyrighted material they legally purchased. Problem is that this does not trump the EULA of the copyright holder, nor does it trump the DMCA.

"Fair Use Doctrine {USC Title 17, Sec 107} The "fair use doctrine" of federal law is a complicated area. Basically, it limits the extent of property interest granted to the copyright holder. For example, this might allow citizens to cite a quotation from copyrighted material when the excerpt is used for teaching, research, news reporting, comment, criticism or parody.

There are some limitations. Whether the court allows you to reproduce, distribute, adapt, display and/or perform copyrighted works depends upon the nature of the use (commercial purposes, non-profit, educational), the length of the excerpt, how distinctive the original work is, and how the use will impact the market for the original work."

Then you get into International Copyright Treaties:

"The World Intellectual Property Organization Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) were held in 1996 to address digital issues and are meant to further clarify Berne and TRIPS.

World Intellectual Property Organization Copyright Treaty (WCT) clarifies and extends protection offered under Berne and TRIPS, established to address digital concerns. Applies to computer programs, compilations of data (databases, though not the data itself), cinematographic works, and sound recordings.

Technological Measures – Requires that countries prohibit the circumvention of technological measures used by copyright holders to protect their works."


Bottom line, if your question, thread, post, link, or comment in any way furthers copyright infringement, piracy, the defeat or circumvention of any copyright protection scheme, warez, or violation of any of the above noted laws or treaties or even smells like it then you have probably just violated FS2004.com forum rules.

I hope the above makes the confusing array of laws, treaties, and rules a bit easier to understand.

Thanks

Coffee

Edited by CoffeeBreakPro, 09 May 2006 - 07:20 PM.

[Brad]

That sums it up very well.  For the record, I am not pleased with how the DMCA is being used to erode the fair use rights of the digital consumer.  In my opinion what the **AA and their ilk are doing is flat out wrong.

Since we are a publicly-accessible forum however, we must do our best to abide by all applicable laws, whether or not we agree with them.  This is the reason you will not find the FS2004 no-cd crack available on this site, even though it is available on other well-known flight simulation community sites.  We take stands such as this not because we fear a knock on our door, but because it is the right thing to do under current law.

I suspect Coffee will keep this topic pinned for a little while until the current questions that are floating around are answered.  If this topic does not answer your question fully however, Jon or I will be happy to field your concerns via PM.

Thanks for understanding folks.

Edit: I should also mention that to my knowledge P2P applications are not illegal in and of themselves.  They, like just about anything with similar qualities, can be used for illegal purposes; but as long as the stated (or implied) purpose of the use of such an application is above board then we have no problem with it.

Edited by Brad, 10 May 2006 - 12:42 AM.