Alright, so, i’m finally posting again, i’m going to start doign this with more regularity(i know i seem to say that every time i post) but I intend to stick it out this time, i will post something, everyday, be it a pic, a link and a discussion of said link, or an actual honest to goodness post. Anyway, here we go…
What do you own that you don’t own? What is yours but it is ILLEGAL to do with as you please? Give up? The answers are your CDs, movies, and software! From the legal standpoint of the Recording Industry Association of America(RIAA) the Motion Picture Association of America(MPAA), and the Entertainment Software Association(ESA), and other software producers and manufacturers, you only own the right to use those forms of media which you have purchased in a way that they have dictated. This means technically, it is illegal to copy music which you have purchased from a CD onto your computer/iPOD/Zune/mp3 player of choice. That’s right folks, as far as the RIAA is concerned, changing the format of purchased music is illegal. Now, they aren’t going to prosecute anyone for this absurdity, but it IS the letter of the law.
Have you ever bothered to read the licensing agreement on a videogame, or the one that pops up anytime you install a piece of software and you blindly check the “I Agree” box? What, you haven’t? Well, to provide you with an example, here are some excerpts from Valve’s Team Fortress 2 licensing agreement:
YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY INSTALLING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THIS SOFTWARE PROGRAM.
A. Valve hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install one (1) copy of the Program on a computer. … The Program is licensed, not sold. Your license confers no title or ownership in the Program or copies thereof.
B. You may not, in whole or in part: copy, photocopy, reproduce, translate, reverse engineer (with the exception of specific circumstances where such act is permitted by law), derive source code, modify, disassemble, decompile, or create derivative works based on the Program … You may not sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Valve.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program) are owned by Valve or its licensors.
Valve may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. … In such event, you must immediately destroy the Program.
7. Equitable Remedies. You hereby agree that Valve would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Valve shall be entitled to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Valve may otherwise have available to it under applicable laws…
So, there you have it, absurd legal jargon that says essentially that you have no rights to what you paid money for. As it states, you do not even own that piece of software, you only have a license to use it, install it, and play it! To top this all off, the mere act of installing the software means that you agree to the license, and the only way to remove your obligations to said license is to destroy that program! Under the license agreements, the company owning the software have the right to end your use of their product whenever they think you are breaking your agreement, and really, without any warning.
By this same agreement (with the help of the Digital Millenium Copyright Act(DMCA)), you have virtually no rights to what you purchased. You cannot reproduce it in anyway, you cannot back it up in case anything happens to the original, you technically can’t even loan it out to a friend for them to try out and enjoy.
These same policies apply to movies as well. You can’t back them up, you can’t loan them out, and legally, you can’t even watch it with more than 11 friends. That’s right! Ever watch a movie with more than 12 people in a room? Yes? Did you pay royalties or write to the company for express written permission to do so? No?! Well then you my friend, have broken the law.
I recognize all of these policies have been put into effect in an effort to combat piracy (which is still thriving quite well), but the stipulations put upon the normal citizenry are just ludicrus. Would anyone agree to purchase a lithograph or copy of a famous work of art if they were not allowed to photograph it, show it off, or even resell it? Would you buy a car if it was illegal for you, yourself to work on it, or even have a friend drive it? Would you buy vegetables if the farmer could take them back from you because he thought you were misusing them?! You wouldn’t? No, that’s absurd, and neither would I. However, these are the very underlying principles behind legislation and licensing in the realm of movies, music, and software. These regulations will never change without us as consumers giving them a reason to change them. Something must be done, what to do, I have no clue short of having an open dialog with the MPAA, RIAA, ESA, and other software manufacturers. Untill such a time occurs and consumers are taken seriously by these entertainment giants, we are stuck with being victim to their whims and there is nothing at all that we can do about it.