So in case you receive their software instead of money. And you are not obeying the agreements, how is one not illegal?
Breaking contract is illegal only if it’s money you receive?
To do a comparison,
Make contract, receive money to build a 3 story building, don’t obey the agreements and build only a 1 story building and break the contract. That is fraud.
Make a contract, receive software to develop games (etc.), don’t obey the agreements and use it in other ways and break the contract.
That is all good.
My mind cannot calculate what makes 180 degree difference.
if you receive the money and not do the work that illegal and can denounce you for that .
you not break any law breaking a contract, they can sue you for damages if any and they probe it (cause damages to a company its illegal with contract or without contract). And for personal use you not going to cause any. for example for distribuition without permiss you do a economic damage to that company and you breaking the law about distribution content without permiss , then you have a problem. (with contract and without contract)
There are no law that say anything about extract content for personal use and you not do any economical damage because its for personal use and you paid the game. Then you haven’t a problem.
A contract its a private agreement between two partys, ins’t a law, you can cancel when you want, and if you break it you are not doing nothing ilegal (except its illegal by law like again distribuition), but can have consecuences if you doing some damage to the company , you must normally fix the damage, or pay the damage if any. If you not finish the job you must finish the job or return the money. If you not do any of that of course they can sue you because its a fraud.
All sue must be law based. Not laws invented in a EULA/Contract.
They can write in a EULA you can’t breathe while using his program. If you break that contract you are not doing something illegal.
Fortunately companies do not make the laws (directly lol)
@Knack of course it is driven by politics and they are driven by big companys… But spain and other EU countrys with less hard copyriht laws are changing them.
And germany is not the only eu country with “hard” copyright laws… The EU comission in Brussel just realize last year that they have still a lot to do when it comes to uniform copyright laws in the EU and is chaning right now, especially in Spain, you can read in your link too.
And please don’t get me wrong knack, i think you definitly not in the position to explain what is fraud, copyright law etc… and what not, cause in my opinion can be answerd only by a lawyer and not by a “hobby” google lawyer. The internet is full of people that know everything and advocate people although they know nothing.
About your sample…
If you order something and you didn’t pay, of course is fraud but when you are able to assure or to proof that in the moment of ordering someting you had no “problems” to pay and the “problmes” just appear after the process of orderning it is by the court to decide i they believe you or not. At least by german law! And is not a copy and paste idea, i can assure you cause is “economic law” which i’m specialized in during my study time.
However i would end discussion by everyone should know that copyright exists even in countrys like Spain. And if anyone is unclear if he is doing something wrong or can be punished within his country laws should go to a real lawyer.
I would be interested in what you personal opinion is about copyright “for games” ? I mean you are here for hobby or professional reason, to learn or extend you knowledge of game building right? So imagine you bring out a game one day and like the whole world is downloading your game “ripped version” enyoing it without paying for it?
I speak about actual laws, in the future they can add a law about ripping and/or modified a game that you own its ilegal and my comments be invalid.
You can think whatever you want but i have clear my rights and my obligations. Reading threads likes i see a lot of people must known better his right and read like me the laws (not google).
In USA and Germany its more easy normally (near all its illegal lol )
I work fifty years in a job and must known the civil and crimal laws (and examine) and each year i have "recycling course"for new laws. I use laws near everyday in the last fifty years. I read like i say before all copyright and intelectual rights among others, and read mean read the law not google it.
Anyway the best if you don’t known anything its truly ask a lawer, in my company we have one for that when we have doubs we ask, but not any lawer, a specialized lawyer in the field.
Of course copyright exist in spain and all countrys, its fundamental right. I never say we haven’t copyright. And if you break the copyright law you are punished. But the copyright law its write in the copyright law, not in a EULA or any contract. Both of must be based in the actual law if not eula/contract can be considere abusive.
You can read a resume of our law here (but better for you its read your laws and rights)
://en.wikipedia.org/wiki/Copyright_law_of_Spain
For the specific where we are allowing to download and make copys without permiss for personal use/ home use here:
://en.wikipedia.org/wiki/Copyright_law_of_Spain#Limitations
is a page from wikipedia of course what they link with the offical laws (but not in english)
you can read the permiss to personal use its explicit in the law.
I never say something like that. how many times must i say that?, although is not illegal download you need a license for use (only legal music/video/books its legal use and must be without profit). of course nobody going to check my home if i use software illegal, and since downloading its legal they can’t do nothing, they are f*cked if i want use without pay for it. But that not legal neither ethic.
The topic its about ripping content for personal use, and its legal, you buy the game and rip the content for personal use, and that is legal, and if i made a game and you buy it and extract the content for personal use i haven’t any problem, if you use its for personal use in your personal projects i haven’t any problem (you pay for use, use like you want), if you sell it or distribuited my work without my authorization, alone or within your project, your doing something ilegal and yes i have a problem and going to sue you if can.
yesterday i see free demo where the asset are ripped, creator say " asset ins’t mine i use it for personal use". I think the problem of many its not understand what “personal use” mean , since that its totally ilegal and if you release it ins’t personal use. FAIL
i can download UE4 without fear for doing something illegal (except if i want distribuited or sell anything related then i need the license), but i pay for it like you, for use.
they can’t never catch me if use it illegal if i not distribuite anything, but i have ethic i like pay the work in case EPIC guys like i want someone pay my work.
When downloading something copyright protected and using it personally at home, of course no one will complain against you, cause no one knows, but the act of downloading copyright protected conent for free is simply not legal.
Like we agreed, some countrys may have less strong copyright laws and some have harder copyright rules, some have not such a big problem when it comes to “personal” use and for some countrys it makes no difference.
And like wrote there are agreements between countrys but however copyright is a bug subject which is changing constantly. And the end of the storry is, that even in spain the copyright law will chnage dramaticly and it will become the same
kind of illegal like in germany, no matter if for personal use or not. The Music, Movie and Game industry is so huge and we are talking here about so much money, the have simply the power to perfom enough preasure to the politics.
And of course they can catch you, when not using proxy servers or services, you are leaving tracks like your IP address. Thats how they caught all the guys in germany. Here in germany it is a very profitable “business model” to caught copyright protection, the industry and the lawyers are making really good money with it.