about copying/patent code… its only problem in U.S
And that truly a complicate law in U.S with many interpretations. (its absurd and unclear law for give lawers work :D)
software in the rest of the world its only protected for copyright and intelectual property law. And that law its mainly clear in my country at least.
The article 52 of the Patent Convention exclude software (all type of programs) or any code from have any special rights like patent code, functions or math thing and that all.
It doesn’t matter where you are though, as I posted earlier with Ubisoft they set the jurisdiction in the licence agreement. No matter where you are in the world, Ubisoft will sue you in the courts of England & Wales. With international treaty agreements, you can be held accountable.
See Samsung Vs Apple case. And some software patent from Microsoft in other judgements, they only win in U.S. (if i remember right) Of course they can denounce you but if its not based in a country/european law the court going to reject the denounce.
If there doubts the court can accept but who complaint if lose pay the bills. (at least here)
U.S specific laws or software patents haven’t effect in E.U if they win its because other law.
Samsung Vs Apple and Microsoft cases don’t really apply to what we are saying though, those were won because the defendant had the money needed to win the case by paying lawyers to find any loophole possible.
It really comes down to how much money you have to fight the case, as Zoombapup noted the laws are not on the side of the average Joe. The end result of the case sets a precedent for future cases, but does not change the law.
i think that its for cover from abusive EULAS, a EULA can be abusive from one country to another, and abusive EULA in my country eg invalidate that EULA. Then they write that its only extend to the part authorised by law.
And they warn you if you want denounce/dispute/claim something to UBISOFT you must do in England under his laws.
That not mean if they want denounce you they must denounce in your country under your laws.
They can denounce me in england, under his laws… but that only can cause a laught. And of ofcouse in my country only can denounce under my country laws. (or any european law)
You’re wrong with . Most world countries at the moment, as I already said, have documents signed together, that you can’t hide from their law in the other country. It means that if you are getting sued in England, and if England has contract signed with Spain (yes it does), you will be held responsible i front of the english law.
there is no legal way if in my country its legal something got punishment for something ilegal in other country. lol
you mean the extradition agreements?
there are agreements of extradition but the crime must be a crime in both countrys. That is called double ciminality :://en.wikipedia.org/wiki/Double_criminality
There has been some legal rulings saying games and software cannot just claim to be licensed to you just for developers/publishers to claim more ownership of the game/software. If the button you click when you buy a game or software doesn’t blatantly say anything about being a license, it can count as ownership. But there has been rulings on both sides of , that they can claim anything to be a license, and that they cannot. More reading about topic here, ://en.wikipedia.org/wiki/Vernor_v._Autodesk,_Inc.
EULA’s aren’t very binding, a lot of time, their only power is to take away a license or game from you. If you aren’t actually breaking any laws there’s not much that can be done in response by the developer/publisher.
topic is why I feel schools should teach people the basics of contract law. I learned the Uniform Commercial Code (the body of law governing contracts in the United States) while I was at college and it has proven be immeasurably useful to me over the years both in personal meetings as well as business relationships.
Such things would help people such as the individual from Galicia, Spain who believes that country has not signed international agreements enforcing intellectual property rights from other countries. It would help with him being aware that even if they hadn’t there are several laws within the European Union which would subject him to penalties should be infringe upon contracts that he might have in Wales through agreeing to a EULA.
Ignorance of the law is not a defense against the law.
i bored linking proofs and i not see yet any link to a law forbiden it, and since “download” its offtopic (the topic its rip/use asset for personal use from a game you own) i stop here in the specific topic of download.
Sorry but is just funny and absurd “i bored linking proofs and i not see yet any link to a law forbiden it” Copyright is a huge subject is not like linking a few sites on google and thinking, yeah i’m right. If that would be the case people wouldn’t study it for years. Sorry but is a really childish point of view.
Look through diverse judgements within the EU, like i wrote spain had in the past very low punishments for copyright violation, there you have absolutly right! But they are changing they’re copyright laws bit by bit because of the EU and US Politics.
At least i can speak for germany, there is nothing like breaking the copyright just for personal use… Of course punishment ist lower when it comes to personal use than to commercial use, no question about that but you will get punished.
Mostly copyright is not hunted by the police until the holder “owner” of the copyright complaint against you.
You have whole law offices in germany which are hired by companys “copyright holders” mostly “music and movie” industry, They are setting up whole servers with “copyright” content for illegal download purpose “mostly torrent”. After downloading content you get complaint for breaking the copyright law. And we are talking here mostly about young people downloading the music charts or movies. When you get caught the first time it will cost you easily from 500 to 5000 Euro. I wrote also before!
German law is even going so far that companys like GEMA, GEZ complaint against fiehosters like rapidshare etc… thats why fileshosters have no servers in Germany, cause when it comes to german court they have the obilagation to prohibit the upload of copyright protected content. Which is basically not possible even with a lot of financial help.
They are even plans for thr EU to integrate a controlling system for the interent, so internet providers have to report when it comes to illegal download of they’re users. Which in my opinion is absolutly crazy and barefaced.
But is copyright in the EU it’s not like you think, you have really absolut no idea. You can’t do what you want, that simple it is!
Germany have the law more restrictive in europe. That all. That ins’t valid for rest of europe.
France add a system like germany and they revoke because abusive. I think no other country in europe have that system (but i haven’t clear that) perhaps another but ins’t common
In spain its impossible add a system like that, for few legal issues that would do that illegal and unconstitutional. if not we already have it, our politics are in the hands of companys. Perhaps in the future they modified that things but that we have now.
It doesn’t matter what law is in Spain… You signed a contract in England (yes you did), and Spain has a contract with England that if you get sued in england, you have to answer and get juried in england. It doesn’t matter at all what the law in Spain is.
Most EULAs will indicate what Jurisdiction and Legal Proceedings will take place in and most EULAs indicate that your are granted a lease of the product and not ownership of said product …
These examples above are good examples of a EULA where your rights are clearly stated and where it clearly indicates what you can and can’t do. Most games comes sealed and even those on Steam, you are asked if you accept the EULA before you make the purchase or you indicate your acceptance before opening the package.
does not take away your rights as sentient being but protects the rights of the developers and creators of the content … in future it would be prudent to read your EULAs … you will actually be surprised what they contain.
I have a question. Since you are in Spain, if you make a contract with someone on xxx dollars work, you get paid and don’t do the job and simply walk away saying “I have not broken the law I have only broken a contract”. The other side of the contract can’t sue you because breaking terms of a contract isn’t illegal?
your are not only broken a contract, you receive money for a job and you not do the job is a fraud, and that is illegal, you are breaking the law clearly :eek:. They can denounce you of course for claim the money. Your doing something illegal…
Ontopic, the same if you distribuite the content breaking the clausules/limitations in the contract, its illegal but because distribuite without permiss its illegal and they not give you permiss in the clausule/EULA for do that. Then the EULA works for that because its based in existing law.
but there are no law forbiden extract the content for personal use from a game you own. EULA can say whatever if there are not law forbiden it, they can’t win a denounce if you do that. Simple.
