Is it legal?

vbimport

#1

which out of "no-cd" and "fixed exe" is illegal, and whats the difference btwx the 2?


#2

Depends what the EULA says… I belive using no-cd are legal as long as you’re not the person that modified the files… And you must own the game/application…
Laws differ, Russians can do whatever they do with their games… :cool:


#3

and the difference between the 2?


#4

explain these two programs?


#5

no cd and fixed exe are usually the same thing. this wasnt always the case, i believe, but its come to be that way. most EULA’s say they arent allowed, its totally illegal, both ways, in the US…um, mostly because it modifies the compiled source code to circumvent a protection. of course, not all EULA’s are legal in all countries, and, for the sake of argument, even though i reside in the midwestern US, i consider myself a russian in the software department.


#6

Both are usually reverse engineered out of the original .exe file of the cd so they are illegal.


#7

Originally posted by shuebhussain
which out of “no-cd” and “fixed exe” is illegal, and whats the difference btwx the 2?

In theory:

no-cd => the executable is modified so the program doesn’t check for the cd anymore. Protections like SafeDisk are cd-based so with a no-cd executable you have also removed the protection. Protections like serials might still be used.

fixed-exe => the executable is modified so the program doesn’t check for the protection anymore, for example you don’t need to give in a serial anymore, or all serials are excepted, etc. If you have a fixed-exe for a SafeDisk protected cd, the fixed exe is usually also a no-cd executable.

In practice:

no-cd and fixed-exe are usually the same.

BTW: in almost all situations/countries/etc. the modified executables are illegal.


#8

For purposes of this forum, anything that modifies the original software and you have not been granted written permission to modify it is considered illegal and will be removed from this forum instantly, without warning.

Requesting such files is, for purposes of this forum, just as illegal as offering it.

It is perhaps a strong position taken by me, but since I would like this forum to stay here for a few more years and prefer not to run into any difficulties with the authorities, this will be enforced until the laws change (which is very unlikely to happen I think)

The difference between the two has been explained pretty wel above. In short I can only add that a no-cd executable is part of the collection of fixed.exe files


#9

First of all. I got a few things to say.

I think anyone taking any high road or position regarding the mere discussion of thwarting copy protection is just plain silly espically when you have a bulletin detailing how this can be
done with a magic marker on the main page.

Secondly. I dont recall anybody including myself asking WHERE
to obtain the programs in question. I think the question posed was WHAT IS THIS AND WHAT FUNCTION DOES IT SERVE. I know personaly I thought “no-cd” was some kind of a ram-disk/virtual drive that let you put an iso onto it and fool your pc into thinking the cd was in their. Thats why I asked for clarification.

Thirdly, I’m new to this area of technology and I’m just trying to get an education, but it seems like some people just enjoy shaking their fingers speaking of legal peril they know nothing about.

Fourthly, I’m an attorney in Portland, Oregon. I graduated in 86 with a Law Degree from Lewis and Clark College. I could bore you all in detail for several hours regarding the liberties of free speech and its limitations. You guy clearly do not have a clue what you a talking about in this regard.

In short, I’m bored. If you guys (and whenI mean you guys, I’m speaking to you TAXMAN) are gonna run around doing this stuff, don’t bother banning me I’ll just go. I could really care less.

Catch a clue guys. We’re all to learn something and think the kids question as to WHAT IS THIS was a fair one. He didn’t ask “WHERE CAN I GET THIS” or “WILL you post this”. Its seems to me he was aking for legal advice to avoid running afoul of the the law. Even UPP3rDOG figured that one out!


#10

Originally posted by MudPuppy
a bulletin detailing how this can be
done with a magic marker on the main page.

If I want to color my cd, that’s my choice. But If you change a program, you break the law (ever heard of intellectual rights).

Probably Tax was anticipating some people who would ask for this files.


#11

Originally posted by MudPuppy
Even UPP3rDOG figured that one out!

When you register, you need to comply to the rules. If you don’t like the rules… We had this discussion already through PM, so why start it again??? :confused: Apparently you have no clue with what kind of problems CDFreaks had to deal with in the past because of the ‘illegal content’, we don’t want this again, so that is why we have these clear rules. Again if you don’t like them, why do you keep coming back?

:confused:


#12

Yes, Da_Taxman said what he said because he wanted to inform everyone that possibly was unsure on whats allowed and not allowed here. Since he said it, now they should know that REQUESTING and OFFERING such cracks is not allowed here. But I don’t think he said that asking questions about WHAT THEY ARE was illegal.

You really think you knows your stuff better than Da_Taxman, MadPuppy? I would not bet on that…


#13

Fixed exe and no-cd’s are usually the same thing.

They are illegal in certain countries and this board does not condone the use of cracks.

The magic marker was posted as news. I also saw it on a few main media website(CNN) for instance.)


#14

Look who is on a high horse here…

If you had looked at my reply more carefully and know what I stand for, you would have not written what you did.

I replied to the question by shuebhussain as to which of the two given options is illegal. To that question I replied that both of them are illegal for the purposes of this forum.

That you interpreted this answer as an answer to your question, that is entirely your fault and you should not blame your ignorance on me. (you flame me, i defend myself, so don’t complain for what you have brought upon yourself)

As you stated, we had a posting on our mainpage where the circumvention of a copy protection could be accomplished by a marker and drawing a line on the protected CD. This does in now way however, modify the software and thus in that sense it is not illegal. Although in the US circumvention of copy protections is considered illegal (DMCA), it is not in the Netherlands, where this server is hosted. The modification of software is in almost all cases a direct violation of the EULA and thus not allowed in any country (and there is a difference between something not being allowed and something not being punished). So your argument on that one in this discussion is entirely invalid and hereby overruled.

As to your second statement, true, noone asked where to obtain such programs. If you had read my statement I did not say that anyone did, I only stated that for the purposes of this forum, requesting such programs is just as illegal as offering them. This all in the light of the question whether or not these programs are illegal.

As to your third matter, I am one of the persons here to make sure that the rules set out for this forum are upheld and respected. My task in this is partly based on what I have done for this forum in the past and for the greater part (at least I’d like to think so) based on my knowledge on these matters. However, i do not claim to be an expert in legal matters when it comes to copyrights, but to say I do not know anything about this is something I dare to disagree with.

We are here to learn from each other. Experts learn from newbies just as well as newbies learn from experts. As long as you use valid arguments to state your case I am willing to listen and enter into a proper discussion, I will learn from that too.

Then with respect to your fourth matter. You may be an attorny with a college degree with many years of experience, you may know a whole lot more on freedom of speech and its limitations, but you forget that by registering to this forum you agree to the rules of this forum and therefore you are bound to respect and not violate them. This may be a very blunt quote, but there is some truth in it: “Nobody said this was a democracy”

We have made up the rules that apply to this forum and we are the ones to uphold them. We try to do this in a fair way by respecting our visitors as much as they respect us. I think we have always been fair here and I will always try my best to do so, but respect is a two-way street.

I really don’t understand why you took this matter as personal as you did. To me it seems that you misinterpreted the whole thing (whereas others seem to interpret this perfectly) or you just like to rant and brag about you being an attorny and that all others on this forum must therefore possess less knowledge on legal matters than you.

Perhaps you know more about legal matters on your own field, but based on what you wrote in your reply I cannot help to think that this is not your field of expertise.

Ok, now I can get back from my high horse again :wink:


#15

Originally posted by Upp3rd0G
Apparently you have no clue with what kind of problems CDFreaks had to deal with in the past because of the ‘illegal content’

Maybe time to put some history of the site on the site.
And Tax, judging by the replies, I’d say you are the attorney :wink:


#16

Well guys, it seems to me that all this was clearly a case of misunderstanding…

MudPuppy thought that Tax’s post was made as reply to him asking info on the 2 exe files, when it clearly wasn’t. Tax was just trying to insure that this thread sticks to a legal basis (for those who might intervene by posting “illegal requests” or something). And since Tax’s reply was a little bit harsh , he kind of took it personally.

I see no need for anybody to continue arguing about this matter, since it was clearly a case of misinterpretation.

Dont’ take it the wrong way, i am the last that would ever talk about what is legal or illegal (far from my field of expertise :wink: ), but i think that both you are on the “same team” :slight_smile:


#17

Originally posted by dansmug
And Tax, judging by the replies, I’d say you are the attorney :wink:

Nope…
Tax consultant…but I deal with laws all the time…tax laws that is.

In the majority of cases the understanding of laws is nothing more than common sense and good morals. If you think about things carefully and maintain rationality, you can predict the legal outcome in most cases (that is, what is and what isn’t allowed. Proof of violations is a whole different story and in that there is also a big difference between civil law and criminal law, but I won’t bore you with that)

But I like these discussions, that is why I engaged in this one. When people direct certain issues to me personally, they must be prepared for return fire :wink: