Are cracks illegal? (not to pirate, just bypass CD check)

[SunnyD]

Originally posted by: Brutuskend
But would a NO CD crack fall under that rule?

It's not copying, or by passing a copy protecting technology.

The clause in question is stated with an OR - meaning mutually exclusive OR inclusive. Read as: one, or the other, or both.

However, the EFF et'al will argue (as I would) Fair Use - which would allow the use of cracks for one's personal use provided you had original right to the title. The DMCA basically sticks the courts' head up it's collective ass and shats upon Fair Use like lava from Mt. Vesuvious on a bad day.

These are the reasons why EULA's need to be restricted and the DMCA needs to be ripped apart.

 

[DigDug]

The DMCA is illegal.

Correct. But its more telling to demonstrate the sheer illogic within the law itself.

 

[LethalWolfe]

Originally posted by: NogginBoink
I believe (as others do) that this would violate the DMCA.

However, the DMCA has not really been tested in the courts, and there's lots of speculation whether the DMCA would survive a judicial review.

The DMCA passed this test unfortunetly. 3-2-1 Studios DVD copying software was found to be illegal.

The case was widely viewed as a test of how far commercial software could go in helping consumers make backup copies of their own legally purchased digital entertainment products, such as DVDs or video games. Illston wrote that federal law made it illegal to sell products that--like 321 Studios' software--break through DVDs' antipiracy technology, even if consumers do have a legal right to make personal copies of their movies.



Lethal

 

[MercenaryForHire]

Originally posted by: crt1530
A better analogy: you have a bottle of juice and you pour it into a cup and drink it out of the cup instead of the bottle.

And once again, the good analogy is ignored.

- M4H