Hypothetical situation with hackers and pirates!

I have a question. Suppose I made a back up image of some software I have using clone Cd or some other software. The I put it on a server for safe storage. Now, if someone connected to that server and used CDDaemon from Daemon tools to virtually mount the drive. Would that be copyright infringment? Because they wouldn't actually be copying the software.

I do this for the software we have a site license for and it works well when you perform updates etc. and it asks for a disk. I can mount the image over the network and not have to carry around a bunch of disks all the time.

However, I was wondering, if it were a game posted by a hacker and you could log on and play it then log off would that violate the agreement??

 

All depends on the fine print in the EULA. Most (but not all) software is licensed for use on one computer only, and in that case it would be illegal, game or otherwise. Most ALL games are single computer only. Some single-use programs that are network friendly let you purchase extra licenses for additional users.

 

Ahhhhhhh, good point. Hmmm would it be considered installed if the cloned image was just sitting on a disk drive?

 

Since every manufacturer draws up their own EULA, RTFM would seem to apply. In general, yeah, that would violate it.

From Splinter Cell's EULA:

~~~~~~~~~~~~~~~~~

The User is authorised to use Tom Clancy's Splinter Cell in accordance with the instructions provided in the manual or on the packaging of Tom Clancy's Splinter Cell.
The Licence is granted solely for private use.

It is not permitted:
- To make copies of Tom Clancy's Splinter Cell,
- To operate Tom Clancy's Splinter Cell commercially,
- To use it contrary to morality or the laws in force,
- To modify Tom Clancy's Splinter Cell or create any derived work,
- To transmit Tom Clancy's Splinter Cell via a telephone network or any other electronic means, except during multi-player games on authorised networks,
- To create or distribute unauthorised levels and/or scenarios,
- To decompile, reverse engineer or disassemble Tom Clancy's Splinter Cell.

The User cannot sell, sublicense or lease Tom Clancy's Splinter Cell to a third party.
The User can only transfer Tom Clancy's Splinter Cell if the recipient agrees to the terms and conditions of the Licence. In this event, the User undertakes to transfer all components and documentation relating to Tom Clancy's Splinter Cell. He also undertakes to delete any copy of Tom Clancy's Splinter Cell from his computer. In this event, this Licence is automatically and immediately terminated.

 

Not sure exactly where you're headed with this, but you might want to read the sticky notice at the top of the Games forum. Pretty well sums up the site owners opinions on improper "sharing".

http://www.majorgeeks.com/vb/showthread.php?t=3423

 

Whoa!! I think I may have mislead you GT so I will try and explain. Under no circumstances do I in any way shape or form endorse illegally sharing software. If I gave you that idea I appologize and please let me explain.

I am involved with the issa (http://www.issa.org/) where we tend to discuss things like piracy and hacking. We discuss legal issues as well and the fact that there are laws being made with little or no understanding of the technical aspects. So, I enjoy discussing these issues.

Some students were discussing the idea for a business where they would use the method I described to charge people to play games via the net. I said I didn't think it would fly becasue of copyrights etc. Then they said what if I didn't charge and it was an .org. (Personally, the only game I have is worms aramgedon so I am not that familar). Anyway, I though I would post it and get some discussion on it. I didn't mean to incourage piracy in any way. For example, copyright protects much of my livelyhood. My wife runs a photography and design business. (spgx.com) which depends on copyright to protect our hard work.

Now I do have some personal issues with the way the RIAA and MPAA are intimidating ISP etc. but I don't feel sharing copyrighted files is right.

I hope I have clarified my intent. I merely enjoy discussing issues related to this and others... There wasn't a legal forum in which to post this so I chose the lounge.... If this subject is taboo then let me know and I shall try to refrain...

 

You're best bet may be to make a folder, put the msi or cab files for the software on there but not the setup. Without the setup your users couldn't install the software, but if you make program changes that want the data from the MSI or the cab files you would have them.

 

I assume you are talking about the work situation. We have very limited access to the files and the server. And we don't store the keycodes with it. Plus, we only put certain software out there. We did make a disk of just cab files for all of OS's so we can put it in and point to it should we need it.

 

as long as the software isn't in actual use on more computers than you have licenses for then I think you would be fine. I think the G.T. got the impression that you needed a cd for the software to run and you wanted to defeat that by having an image on the drive. My understanding is that you just want access to the installaion files on the server so you don't have to carry around cds. I don't see the problem with that, just like a backup. Also, one thing you may want to try, create an internal FTP site. It's the handiest thing ever to put on diag software, ad-aware and the like. Just don't let it pass through your firewall. That way you can get to it with even the most basic ftp app, usually when windows networking is alll screwed up. i use ours all the time.

 

That does indeed clarify things. Thanks. And no, the topic isn't forbidden, and very few of us are fond of either the RIAA or their current tactics, even if we DO feel copyright is important.

As far as your pay-to-play scenario, I still think you'd have to approach it on a game-by-game basis. If you're not into games, you've probably not read the End Use License Agreements from them, (actually, neither have most of the people who actually buy & install the games) and it might be a good idea to have some of your gaming friends copy some of them & send them to you to read, to get familiar with what's common out there. The EULAs, while similar, are not standardized; there are differences. The one from Splinter Cell that I posted is pretty standard. Basically, if you're going to play the game, the maker wants you to buy a copy. And games that are playable online generally have established networks set up to do that. A lot of games won't play unless the game is installed on your system directly, and that would violate most EULAs.

Game makers are seriously active in NOT letting their code be stolen, as far as they can, and any setup such as you are looking at would have to protect the code somehow.

Assuming you want to set up a game that will play directly without a formal install on the users' computers, some companies may be willing to negotiate something directly separate from the standard users agreement, likely including commissions to them, but I don't think most would bother working with a single outfit.

Considering the number of pay-to-play and play-for-free games already out there, I suspect you'd have a tough time building a niche & making it successful, but that's another topic.

 

YES, you know I still haven't figured that one out. Sometimes I cannot seem to map to drives but if I use something like wsftp or something, bang I am right in there.... Or if I am copying large files sometimes it's mega slow then with FTP it is much faster. Either I am not holding my mouth right or phases of the moon..... hmmm something

 

How about this? Suppose a game company had a secure site (I use the term loosely cause I we know how secure these can be) where you could pay X dollars a month and log on and play these games by mounting the cd virtually. You select X number of games from their selection to play during any given period. Sort of like netflix or Itunes. Then they get a steady stream of income (cash flows baby!) They could offer 20 games per month.... whatever. That would be cool. If you wanted to buy it then you could just click the download and get emailed a key. .... anyway..... It just occured to me... Pay per Play....instead of pay per view.

Then maybe websites with digital magazine subscriptions.... for cheats etc..when you subscribe...

 

Some of that is already being done, although usually directly by the game makers themselves. Theoretically possible, but game makers that want to do that don't need a third party middle man. It's not a hardware, software, or legal problem, only one of convincing the game makers to let you be a middle man and take some of their potential profits.