Paul Thurrott.... a software pirate.

  • Thread starter Thread starter MICHAEL
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Mark said:
But what if you don't own the software?
Click to expand...

I own the CD which has a copy of the software on it. I do not own the
intellectual property of the software. It would be a violation if I
hacked into it or tried to reverse engineer it. But the physical CD
with the copy of software on it I own. No corporation has the right to
tell me how to use my property for noncommercial purposes in the privacy
of my own home. It's called fair use rights, and it is granted to every
true consumer through the bill of rights.
 
rockwell said:
Another right we have as Americans put forth in the bill of rights is
fair use rights! No one should be able to tell me or anyone else what I
have the right to do in the privacy of my home for non-commercial use
with my copy of a CD of software! Corporations DO NOT have the power to
strip me of my fair use rights, no matter how unconscionable their post
sale shrink wrap license is for their software.
Click to expand...

Your ignorance is showing!

There is absolutely NOTHING in the Bill of
Rights about "fair use."
 
Not directly. And in human discourse, the Americans' "Bill of Rights" is
neither the be-all nor end-all. Some pro-offer to you that you have an
inalienable right to privacy as well as various "fair-use rights" use within
the sanctity of your own home. I think in Commonwealth countries, "fair
dealing" is a legitmate legal doctrine.

While "fair use" is not necessariy of legal consquence in Russia, Cambodia,
nor the United States, that doesn't mean these rights are not worth
advocating and worth striving to legally establish.

So while "fair use" might not yet be recognized in the United States, that
doesn't mean it doesn't exist .. and since exisit it does .. it is probably
only natural that a fair judical system will eventually adopt them if need
be.
 
Ground said:
Not directly. And in human discourse, the Americans' "Bill of Rights" is
neither the be-all nor end-all. Some pro-offer to you that you have an
inalienable right to privacy as well as various "fair-use rights" use within
the sanctity of your own home. I think in Commonwealth countries, "fair
dealing" is a legitmate legal doctrine.

While "fair use" is not necessariy of legal consquence in Russia, Cambodia,
nor the United States, that doesn't mean these rights are not worth
advocating and worth striving to legally establish.

So while "fair use" might not yet be recognized in the United States, that
doesn't mean it doesn't exist .. and since exisit it does .. it is probably
only natural that a fair judical system will eventually adopt them if need
be.
Click to expand...

You are correct, not from the Bill of rights, my mistake for the source
I was referring to. Here is the fair use rights I was talking about in
Title 17 Section 1:

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

AND

ProCD vs. Zeidenberg:
http://www.law.emory.edu/7circuit/june96/96-1139.html

"Shrinkwrap licenses are enforceable unless their terms are
objectionable on grounds applicable to contracts in general (for
example, if they violate a rule of positive law, or if they are
unconscionable)."
 
rockwell said:
You are correct, not from the Bill of rights, my mistake for the source
I was referring to. Here is the fair use rights I was talking about in
Title 17 Section 1:

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html


AND

ProCD vs. Zeidenberg:
http://www.law.emory.edu/7circuit/june96/96-1139.html

"Shrinkwrap licenses are enforceable unless their terms are
objectionable on grounds applicable to contracts in general (for
example, if they violate a rule of positive law, or if they are
unconscionable)."
Click to expand...

Now these I will agree with and I am
disappointed that our Congress is not looking
out for the citizens of this country!
 
Ground said:
You only are disappointed because you've made an idol of the U.S.
government.
Click to expand...

You don't have clue what your talking about!

I don't idolize anyone or anything!
 
Donald McDaniel wrote:


But that is the whole point you are missing! One of the rights we have
as Americans is the rights to see our civil liberties respected! But
that is all going down the toilet as Bush and the NSA take any info on
any and all of us they want with out requiring a checks and balances
system for it. I can tell you that I did nothing to have my civil
liberties abused like that, and I'm sure many other Americans didn't do
anything to deserve that either.
Click to expand...

I don't miss the point, sir. I certainly agree that our current
government has gone beyond its Constitutional mandates. However, our
"rights" do NOT include the "right" to abuse OURS.
Another right we have as Americans put forth in the bill of rights is
fair use rights! No one should be able to tell me or anyone else what I
have the right to do in the privacy of my home for non-commercial use
with my copy of a CD of software! Corporations DO NOT have the power to
strip me of my fair use rights, no matter how unconscionable their post
sale shrink wrap license is for their software.
Click to expand...

Again, I agree. But HOW do you propose that those Corporations protect
THEIR rights (since they ALSO have rights)? I am sure you would
complain just as loudly if they used methods to PROTECT their rights
which included copy-protection built into those CDs, rather than
"shrink-wrap" licenses.

And the fact is, if you are abusing your fair use rights by passing
YOUR copy of a cd or software (or purchased music) to OTHERS who do
NOT have the rights to use YOUR copies, whether it is in the privacy
of your home or theirs (commonly called "casual piracy"), you are
EXCEEDING YOUR mandate, which makes you JUST AS GUILTY as the
Government and corporations when THEY exceed their mandates.

"FAIR USE RIGHTS" do NOT include the right to pass your purchased
software and copies of CDs to others through the use of P2P software
(or through any other means). PERIOD.

By the way, "fair use" rights are NOT included in the Bill of Rights
(the first 10 Amendments to the Constitution). They ARE part of the
US Constitution, but NOT in the first 10 amendments, commonly called
the "Bill of Rights".

So your only recourse is to work to overturn the present laws about
"fair use", and change them to less-restrictive ones.

In the mean time, if you do the same things the Government and
Corporations do, that makes you a raging hypocrite.


==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
Donald McDaniel said:
I don't miss the point, sir. I certainly agree that our current
government has gone beyond its Constitutional mandates. However, our
"rights" do NOT include the "right" to abuse OURS.


Again, I agree. But HOW do you propose that those Corporations protect
THEIR rights (since they ALSO have rights)? I am sure you would
complain just as loudly if they used methods to PROTECT their rights
which included copy-protection built into those CDs, rather than
"shrink-wrap" licenses.

And the fact is, if you are abusing your fair use rights by passing
YOUR copy of a cd or software (or purchased music) to OTHERS who do
NOT have the rights to use YOUR copies, whether it is in the privacy
of your home or theirs (commonly called "casual piracy"), you are
EXCEEDING YOUR mandate, which makes you JUST AS GUILTY as the
Government and corporations when THEY exceed their mandates.

"FAIR USE RIGHTS" do NOT include the right to pass your purchased
software and copies of CDs to others through the use of P2P software
(or through any other means). PERIOD.

By the way, "fair use" rights are NOT included in the Bill of Rights
(the first 10 Amendments to the Constitution). They ARE part of the
US Constitution, but NOT in the first 10 amendments, commonly called
the "Bill of Rights".

So your only recourse is to work to overturn the present laws about
"fair use", and change them to less-restrictive ones.

In the mean time, if you do the same things the Government and
Corporations do, that makes you a raging hypocrite.


==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
Click to expand...

A wise man once said:

An individual's rights end at the point that another individual's rights
begin.
 
A wise man once said:

An individual's rights end at the point that another individual's rights
begin.
Click to expand...

I heard the same thing stated in a little more "earthy" way:

"Another man's right to take the first swing at me first ends 1" from
my nose, and if he does take the first swing, and lands it, I have the
right to go for his damned throat". That man was also a wise man,
though he was not as intellectual.

Personally, I would make my defensive attack a little "lower". Why
pander to his masculine pride? Go for the bastard's "masculinity"
right from the start, and don't leave him with any "masculine pride"
to swing back. His next swing will land on your back rather than your
face, if he has anything left. He probably won't only be able to land
another one after that.


==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
Yet, if you go and look at the follow up post, Paul found he was indeed
running an illegal copy of Windows.


WGA did its job.


Bill F.
 
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