If You Geniuses Are Bored Today . . .

[NE146]

To be quite honest I've got several messed up graphic hacked versions of Thrust around various pc's here and there.. heck I even hacked Marble Craze. Not sure if I ever touched any of your games Manuel.. but I probably have.

 

Nothing I've shared though

[Jacob Rose]

I'd have to agree as well. While "hacks" are always technically illegal without the author's permission, I think everyone here would agree that "abandonware" canethically be considered fair game... but not "current" titles like Gunfight or Starfire. (Without permission of the author(s), of course.)

 

It's not illegal so long as it's not distributed, or if permission is granted via GPL or PD license. Wasn't Qb PD? I know Andrew posted the source, which isn't the same thing, but I think he also mentioned that it was PD. Or maybe he was just warning about the restrictions of the GPL and I'm totally off base.

[brpocock]

It's not illegal so long as it's not distributed, ...

 

Actually, it's still illegal (at least in the USA), which IMHO is ridiculous. But, luckily, it's also practically impossible to prove it, if it's not distributed, so it hardly matters. Also, the Secret Service doesn't typically investigate stuff like this unless the copyright-holders (which, sadly, would be Infogrames for the Atari stuff, not the original authors) file a complaint, making abandonware kinda grey-market "safe."

[Jacob Rose]

Actually, it's still illegal (at least in the USA), which IMHO is ridiculous.

 

From http://www.copyright.gov/title17/92chap1.html:

 

§ 106. Exclusive rights in copyrighted works36

 

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

 

(1) to reproduce the copyrighted work in copies or phonorecords;

 

(2) to prepare derivative works based upon the copyrighted work;

 

(yada yada)

If point 2 is what you're referring to, then consider:

 

§ 107. Limitations on exclusive rights: Fair use38

 

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

 

(2) the nature of the copyrighted work;

 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

 

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

I Am Not A Lawyer, but I don't think that non-distributed personal hacks can be said to have an effect on the potential market.

 

It also would be easy to claim that such works were created for educational purposes, or at least had a strong educational component. Aside from the fact that you're allowed to do it, I would hope that Manuel and Thomas would both be personally okay with personal tinkerings for educational purposes, and would only be upset about people distributing new binaries or cartridges (which would be illegal anyway without their consent) and perhaps modified disassemblies? (which might not be illegal, though like I said, IANAL).

 

EDIT: Actually, I guess it would depend on the purpose of the disassembly; normally disassembly is for commentary on (and maybe even criticism of) how things work inside the program, which seems like it would be allowed according to fair use (section 107, above), but if it were for distribution purposes ("here, just dasm this and burn it..."), that would be illegal.

Edited May 25, 2006 by Jacob Rose

[brpocock]

I Am Not A Lawyer, but I don't think that non-distributed personal hacks can be said to have an effect on the potential market.

 

It also would be easy to claim that such works were created for educational purposes, or at least had a strong educational component. Aside from the fact that you're allowed to do it, I would hope that Manuel and Thomas would both be personally okay with personal tinkerings for educational purposes, and would only be upset about people distributing new binaries or cartridges (which would be illegal anyway without their consent) and perhaps modified disassemblies? (which might not be illegal, though like I said, IANAL).

 

Fair Use is taking a lot of abuse lately, but I for one am a big fan. B.S. like the DMCA has made serious inroads toward circumventing those rights unfortunately :-(

 

Incidentally, totally O-T at this point, but both the HD-DVD and Blu-Ray are attempts to eradicate Fair Use rights by making it illegal to exercise your fair use rights. EG: years ago, VCR's were judged to be legal (ironically, I seem to recall Sony was the defendant?) for copying copyrighted TV shows and movies for personal viewing, i.e. time-shifting, but the encrypted digital signal crap that Sony wants built in to all Blu-Ray players and compatible TV's is specifically to prevent you from videotaping, &c.

 

I think the act of disassembly is, itself, something like translating or copying? EULA's usually explicitly forbid reverse-engineering (e.g. disassembly), but same is clearly "research" so it's grey area...

 

IANAL of course, either... just wanted to point out in case anyone were to get the idea into their head that they had any civil rights left

[CPUWIZ]

* puts away the popcorn *

 

* burp *

[vdub_bobby]

I understand and sympathize with Manuel and Thomas on this issue, but as far as my games...feel free to hack them to death.

 

Sadly, I don't think any of them would lend themselves to a Han vs. Greedo: Deathmatch game.