Borrowing CDs

vbimport

#1

is it illegal to borrowing cds like a game or somthing?
not copying or selling in any way just borrowing


#2

Tough question from a legal point of view.

Software can only be installed on 1 PC at the same time. So I would say that when the program is not installed on another PC and only temporary installed on your PC for the time you have the original in your ‘possession’ it is legal.

On the other hand, if someone continues to lend it to people it becomes more of a business and special fees must be paid. (video rental stores for example have to pay a whole lot more for 1 Video that you would when you bought it for example at K-Mart).

For Audio CD’s it seems easier…you can lend it to others (unless you know for certain it will be copied, then you’d be assisting in violating copyright laws…but this is far fetched :wink: )


#3

Borrowing, or Lending, most PC software is illegal. When you buy software you are buying a license saying you are able to play install etc… Read the license agreement, you will see this(the ‘product’ is the CD and all files on it):

(came from the license on Red Alert 2)

YOU MUST READ THIS PRODUCT LICENSE (THIS “LICENSE”) CAREFULLY. BY USING THIS SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AND ARE AGREEING TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY PROMPTLY RETURN THE UNUSED SOFTWARE AND RELATED MATERIALS TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.

WARNING: THIS LICENSE CONTAINS “RULES OF PLAY” WHICH, IF VIOLATED, MAY AFFECT YOUR ABILITY TO PLAY THE GAME IN A NETWORK ENVIRONMENT. THIS LICENSE ALSO CONTAINS WARNINGS WITH RESPECT TO CONTENT TO WHICH YOU MAY BE EXPOSED.

  1. GRANT OF LIMITED LICENSE. Westwood Studios, Inc. (“Westwood”) hereby grants you (either an individual or an entity), the end user, the limited, non-transferable right to use this one copy of this software/cartridge product, and any accompanying electronic files and printed materials (collectively the “Product”), on any single computer or game platform only for your personal use and enjoyment. This License is your proof of license to exercise the rights granted herein and must be retained by you. Westwood may terminate this License if you fail to comply with any of the terms contained herein.

  2. COPYRIGHT AND RESTRICTIONS. You have no ownership rights to the Product. The Product is owned
    by Westwood and/or its suppliers, is distributed exclusively by Electronic Arts Inc. (“EA”), and is protected by the United States copyright laws and international treaty provisions. EA and Westwood retain all rights not expressly granted herein. You must therefore treat the Product like any other copyrighted material (e.g. a book or musical recording).

The Product is licensed to you only for your personal use and enjoyment and may not be used for any commercial purpose whatsoever. You may not loan, rent, lease, give, sell, offer for sale, sublicense or otherwise transfer the Product, or any portion of the Product or anything incorporated therein, including any screen display, sound or accompanying documentation, to any third party, nor may you permit any other person to use the Product in exchange for remuneration. Further, you may not place the Product on any computer, communications, or other system or network that would allow multiple users to access it. Notwithstanding the foregoing, in one case you may transfer your rights under this License on a permanent basis provided you transfer this License and the Product, including all accompanying printed materials, while retaining no copies, and the recipient agrees to the terms of this License. If the Product is an update, any transfer must include this update and all prior revisions.

You also may not copy, modify, adapt, translate, create derivative works of, publicly perform, publicly display, distribute, transmit, decompile, disassemble or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Product or anything incorporated therein, including any screen display, sound or accompanying documentation, or permit or encourage any third party to do so. Notwithstanding the foregoing, if the Product contains personal computer software, you may either (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes. Further, if the Product contains a map or level editor, you may use the editor in accordance with the instructions in the accompanying documentation to create maps or levels for your personal use and enjoyment, and you may allow others to use such maps or levels for their personal use and enjoyment, but in no event may such maps or levels be exploited commercially in any manner, by you or any other person or entity.

You may not loan, rent, lease, give, sell, offer for sale, sublicense or otherwise transfer the Product


#4

In essence the CD you think you bought actually belongs to the developer, you just paid to use it… you may borrow or lend your CD, however you may not use it in any way, except maybe a coaster… But lets be realistic… What they don’t know won’t hurt them…

ALWAYS READ THE EULA (End User License Agreement)

Mind you, its not a criminal act, just a breach of contract.


#5

Well, here in Holland it’s quite a funny mess.
If you buy empty media (CDR, MD, Compact cassette, VCR tape, anything) you pay a small percentage to the foundation “Thuiskopie” (Homecopy) beause they assume you copy copyrighted material, then when I go to the public library and rent audio CD’s or game CD’s, I pay more than half of my rentalmoney to the copyright organisation (BUMA/STEMRA), when I rent audio CD’s or game CD’s from a private (not government sponsored) CD rental it’s the same situation, only I pay more money (games 4$ for 2 days and audio 2$ for a week) and a larger amount goes to the copyright organisation.
Still, you may not make copies unless you own the CD yourself (but why would I rent it in the first place if I own it myself), so wtf am I paying for???

Beats me
:confused:


#6

Oh yeah, did you know that it’s not illeagal to copy audio CD’s if the material is produced in Africa???
:rolleyes:


#7

Why the hell you should lend someone your CD? I would make a working copy of the CD and lend the copy instead of the original CD. CDs can get scratched or really screwed up if you don’t take care of it properly and they are really expensive (for some games).


#8

Pirate80 Why the hell you should lend someone your CD? I would make a working copy of the CD and lend the copy instead of the original CD. CDs can get scratched or really screwed up if you don’t take care of it properly and they are really expensive (for some games).

And what if you have children that put their fingers all over the cd?? and then decide that they want to play frisbee with Fido and spot??

One of these days the companies will realize this and do away with cd protections, because it costs them money and people will be able to copy it matter what. I have always said why not ask the people who know how to copy something and find out what would make a cd uncopyable…


#9

Originally posted by Pirate80
Why the hell you should lend someone your CD?

I bet you 've read the Freecom ad!
:slight_smile: :slight_smile:
(sorry 4 spamming but I could’t resist)


Of course I know how to copy disks. Where’s the xerox machine?


#10

Why the hell you should lend someone your CD?

I dunno but in the 7th grade I borrowed about 50 original CDs from friends and copied them. They are so stupid, most 13 year olds! Give 'em 5 bucks and they’ll let you borrow a 50.00 dollar game to copy!!!


#11

What I meant was “why let somebody borrow the original cd when they can damage it”. Does that clarify some things?


#12

Originally posted by cloakdoa
[B]

One of these days the companies will realize this and do away with cd protections, because it costs them money and people will be able to copy it matter what. I have always said why not ask the people who know how to copy something and find out what would make a cd uncopyable… [/B]

I agree that protection is really a big annoyance for legitimate game owners. Why do we have to work so much just so that we can make a copy and keep the original in safe place. Some of my older game CDs, such as Red Alert are so badly scratched I can’t play it anymore, same with my Road Rash that my Taiwanese friend thrashed.

Even with these so called protection, people still break it anyway. Imagine if the entire world is really keeping the contract as in EULA - it’d be a nightmare for consumer and $$$ for game-makers.

I live down under, and game developers would drop dead if they went to game market in my neighbouring country. All the game are copies, all fakes, game in original boxes costs around 20x the pirated one.

But hey, I can’t complain. These pirated CDs are very good for trial purpose. Spend few bucks on this thing, and you’ll get in depth knowledge whether its worth buying the original package or not.

Rev

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