ksterni
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posted on September 16, 2000 09:48:50 PM new
Found this in an auction for a certain PC game I want to get for my son, but I don't think I'll be bidding on this particular auction (this doesn't sound right, does it???):
This is an auction for (deleted)... This is a great deal for 2 (deleted) games.... (deleted some non pertinent stuff)
This is a copy and it does work as well as the original. I am allowed to sell a copy of the original game. There is nothing wrong with it, it works the same as the original..... Under Section 117 of the U.S. Copyright Law, you are entitled to have a backup copy of your software, providing that you own the original copy. By buying these items you are stating to us that you own the original version, and accept all legal responsibilities. If you sell your original software, you agree to destroy the CDR backup of that title. By complying with these regulations, it allows me to duplicate, and you (as a consumer) to receive the right to use my backups to protect your original software. This service is intended to provide backup copies of software for consumers who do not have the means or materials in order to make their own backups.
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Glenda
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posted on September 16, 2000 09:52:50 PM new
Boy, is he wrong. He can have an original and make a backup copy FOR HIMSELF, in case something happens to his original copy. He can't make copies and sell them off. That's piracy, pure and simple.
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ksterni
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posted on September 16, 2000 09:53:55 PM new
Thanks, that's what I thought. I couldn't believe this when I saw it....
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pickersangel
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posted on September 16, 2000 09:53:59 PM new
No, this isn't legal. Under copyright laws, you are allowed to make a "backup copy" for your own personal use, but you are NOT allowed to make a "backup copy" and sell it to another person, whether they own the original software or not. If the seller re-reads the statement about making backup copies, I'm sure it specifically prohibits making copies for sale to another individual, no matter what the purpose. I'd suggest sending an email to Community Watch with the auction number. They'll shut it down.
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mballai
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posted on September 16, 2000 10:14:11 PM new
Uh actually he is selling a duplicate as if it were a service to someone unable to make a backup copy. Tehnically and legally he should have your original to do it from. Since an auction seller really has no way of knowing whether you actually own a copy, he should not be offering it unless you send in yours for copying. Even if it were unquestionalbly legal, eBay is not the venue for such a service.
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kellyb1
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posted on September 17, 2000 12:26:19 AM new
No, this is not legal. Gaming software has the same legal mumbo jumbo as computer software. If you read it closely, you never own the software you buy, just the right to use it!
This seller is nuts to try this: pirated computer software is agressively prosecuted by the software complanies. It seems more so than the music industry.
Sorry about my spelling.
Kelly
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uaru
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posted on September 17, 2000 01:12:02 AM new
Nope, not legal. Its probably fattening too. 
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abacaxi
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posted on September 17, 2000 05:25:29 AM new
Uh ... The only circumstances where you can sell the COPY are where you also sell the master copy from which it was made.
The only legitimate copy is a backup of a SPECIFIC OWNER'S original, made BY THE OWNER of that copy or form his software, not a generic backup for anyone who has or claims to have the original.
His is a VERY CREATIVE, but still totally wrong interpretation of copyright law.
A backup making service would be: Send us your games/software and we will return the original and the backup.
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ksterni
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posted on September 17, 2000 12:56:08 PM new
Update:
Thanks everyone for your replies.
The auction is still going, although I contacted Safe Harbor. He even now has a bid! Yikes!
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dman3
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posted on September 17, 2000 03:29:30 PM new
warez Illgally gained copies of the orginal software weather you pay for the copy or not
I wonder if the Net under world call these sellers fraudez.
illegal yes also a good way to get a virus anyone dealing in warez many times have no Idea even who the source of the original copy was made by.
WWW.dman-n-company.com
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ksterni
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posted on September 19, 2000 10:47:36 AM new
UPDATE:
Auctions ended by Ebay. Thanks, Yuri @ Ebay!!!
This person is selling the same thing on Yahoo. I suppose I should try to follow up. Would Yahoo even care about this? Where would I email?
Yesterday is history, Tomorrow is a mystery, today is a gift. That's why it's called the present.
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RB
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posted on September 19, 2000 11:18:29 AM new
Why the vendetta??
I doubt if Yahoo will react - there is tons of illegal stuff on their site
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ksterni
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posted on September 19, 2000 12:39:12 PM new
No vendetta here...
Apparently this is more pervasive than I thought. I usually don't surf in the computer software categories. It just makes me mad, because I had assumed that all software contained the original box, CD's, and manuals. Sorry for being naive.
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twinsoft
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posted on September 19, 2000 12:48:48 PM new
Do you think that's blatant? Check out these two emails I got yesterday:
> SAY YOU WERE SELLING XXXXXXX FOR WINDOWS AND THOUGHT YOU MIGHT
> FIND THIS OF INTEREST:
>
> HOW ABOUT WINDOWS ME FOR $ 9.99 ?
>
> OUR CD-ROMS ARE EXPERT COPIES AND SILKSCREENED TO LOOK JUST LIKE THE
> ORIGINALS. PLUS -- WE'VE PRE-SERIALIZED SO THE SOFTWARE INSTALLS WITH NO
> PROBLEM.
>
> *** CUSTOM ORDERS ***
> WE CAN FORGE ANY CD-ROM OR DVD COVER -- EVEN THE NEW MICROSOFT HOLOGRAMS!!!
> WRITE FOR A LIST OF OUR CURRENT STOCK.
> HOW MUCH DID YOU PAY FOR XXXXXXXX? NOW YOU CAN GET THIS 100% AUTHENTIC
> COPY WITH TOTALLY PERFECT SILKSCREEN FOR JUST 9.99 PLUS NO SERIAL #.
>
> ALL ORDERS ARE PROCESSED THRU OFFSHOREBANK.COM SO THERE'S NEVER A WORRY
> ABOUT BEING TRACKED!!
>
> ALSO AVAILABLE: CD-ROM MASTERKITS TO MAKE YOUR OWN SOFTWARE STARTING AT JUST
> 999.00
Should I tell them I work for Microsoft's Anti-Piracy team?
(By the way, Microsoft is moving on Yahoo. Half the software there is homemade CD-R copies.)
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gc2
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posted on September 19, 2000 12:51:33 PM new
Just for the record....
If my understanding is correct (and it may not be), it would be equally illegal to sell the original and keep the copy. Same principle.
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raygomez
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posted on September 19, 2000 12:56:14 PM new
gc2:
Yes, it is illegal in the USA, but is is not illegal in some countries.
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mballai
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posted on September 19, 2000 06:26:22 PM new
If you read what he is selling, it is a copying service...again only if you send in your copy (or provided proof of ownership which would be dubious--how would he know who owned the original) would it be legit. If you were to purchase this without doing so, you would be just as guilty and potentially as liable as the seller.
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ksterni
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posted on September 19, 2000 07:00:33 PM new
In the latter part of the auction listing it sounded like the seller may be selling a legit make-a-backup-copy-of-your-CD service (but he never indicates you need to send him the CD). But in the first few lines of the auction, HE states "This is a great deal for 2 computer games". Very confusing ad.
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