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Courts: Violating a Website’s Terms of Service Is Not a Crime

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Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#91
post #65
post #40

Earlier quoted context omitted.

> As someone that was prevented from distributing Linux at high school because the administrators thought that any copying was piracy I remember having this discussion with in HS and also at work with people who were convinced pirating a PSX game is same as stealing, while not realizing there is no evidence that suggests a pirated copy means a lost sale (people can't afford it in places like Brasil where they still p…

A pirated copy doesn’t need to equate to a lost sale in order for it to be stealing. You took something of value that was created or owned by someone else. Whether it’s a physical or nonphysical good is completely beside the point.

> You took something of value that was created or owned by someone else.

Really? So they no longer have it, because I took theirs?

Or, do they still have their copy, and I have mine, and I didn't take anything that was owned by them?

If I make an exact copy of your car and drive off in it, are you gonna complain that I stole your car?

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#92
post #2

This is positive news. It seems like the more liberal approach taken when protocols were written is being challenged more by young users who grew up under more stable rules that accepted terms of service as very strong. When I was growing up you went by what the protocol allowed. If an http response came back you have access, if it prompted for credentials, then you didn’t have access. The mere idea that a web server…

It's not that young people grew up with stable rules. It's that young people grew up under the influence of industrial information warfare tactics and propaganda. As someone that was prevented from distributing Linux at high school because the administrators thought that any copying was piracy (thanks to the Software Publishers Association and the friendly local Microsoft rep), this conditioning to get kids (and less…

It's not just propaganda it's also an effect of formal vocational training being focused on teaching people procedures for doing a task rather then forcing them to learn by having to recover from failures the way most self taught people were, and lets not forget that doing the boom years practically everyone was self taught in an environment that haven't yet developed teachable procedures yet.

I don't think that it's as much a generation thing that is it a consequence of IT having grown to the point where it is no longer it's own semi-anarchic subculture.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#93
post #82
post #40

Earlier quoted context omitted.

> As someone that was prevented from distributing Linux at high school because the administrators thought that any copying was piracy I remember having this discussion with in HS and also at work with people who were convinced pirating a PSX game is same as stealing, while not realizing there is no evidence that suggests a pirated copy means a lost sale (people can't afford it in places like Brasil where they still p…

Piracy isn't stealing... and besides, no one can afford the games anyway... besides, you should see what the industry does to the artists in the first place... The gentleman doth protest too much?

Let's try to flip the perspectives. Let's say you created a game. Let's pretend you want to make money off of it, because you put quite some time into it. Time you could have used to make money by other means.

How would you go about it?

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#94
post #4

Note that the decision says that violations are not criminal acts, but that doesn't mean that license violations can't result in civil lawsuits and encumbent financial damages.

In order for a license violation to to exist a valid contract need to exist. and for a contract to be valid both contracting parties must enter a contract on a informed and non coercive basis an bar practically no click wrap EULA/TOS page meats.

With out a valid two sided contract any website operator wanting to sue a user for misuse will have to resort to whatever laws is actually on the books.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#95
post #49

The EFF write up requires a bit of a caveat. The EFF states: "Oracle sent Rimini a cease and desist letter demanding that it stop using automated scripts, but Oracle didn’t rescind Rimini’s authorization to access the files outright." That's true, but it would be incorrect to infer that the Ninth Circuit's holding in this case means that such a cease and desist is ineffective to revoke notice for purposes of the CFAA…

It is always a crime to criminally commit a crime.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#96
post #65
post #40

Earlier quoted context omitted.

> As someone that was prevented from distributing Linux at high school because the administrators thought that any copying was piracy I remember having this discussion with in HS and also at work with people who were convinced pirating a PSX game is same as stealing, while not realizing there is no evidence that suggests a pirated copy means a lost sale (people can't afford it in places like Brasil where they still p…

A pirated copy doesn’t need to equate to a lost sale in order for it to be stealing. You took something of value that was created or owned by someone else. Whether it’s a physical or nonphysical good is completely beside the point.

#this I can't believe people here don't think it's piracy or stealing, just because it doesn't deprive someone else of their object (as in the case of a physical good).

If I took your journal entries from your room, and copied them all, and put them on the internet - that's not stealing, because I returned the journal? No, that's still theft.

If someone stole bread, how would you feel about It? Screw that person right? What if they were stealing the bread from someone who would never notice the loss, and it was for their hungry kids? Suddenly it seems more reasonable.

So both of these examples show (pretty goddamn clearly) that the whole "it isn't depriving the original owner of a physical item" thing is total, and absolute, hogwash. Clearly that point is totally irrelevant to ownership.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#97

A website’s TOS is not law so why should the violation of a TOS be treated like a violation of the law? Curious if anyone has any arguments

A TOS isn't really legally enforceable. A TOS can determine when a company will push for enforcement.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#98
post #51

Earlier quoted context omitted.

Is this system of "API keys" why Pidgin doesn't handle all these new IM protocols, and why there's no other good old-fashioned multi-protocol clients for them (that I'm aware of)?

Franz[1] is the closest thing I’ve found to a client around newer IM protocols. [1] https://meetfranz.com/

Includes a Monero miner.

Re: Courts: Violating a Website’s Terms of Service Is Not a Crime

#100
post #93
post #82

Earlier quoted context omitted.

Piracy isn't stealing... and besides, no one can afford the games anyway... besides, you should see what the industry does to the artists in the first place... The gentleman doth protest too much?

Let's try to flip the perspectives. Let's say you created a game. Let's pretend you want to make money off of it, because you put quite some time into it. Time you could have used to make money by other means. How would you go about it?

I'd put my Twitter handle in the game to build a following so even more people download my next free game. Make it up in volume.
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