

Emugaming Responds To Sega's Threats 91
JayBonci writes: "I saw this first over at Retrogames, and I thought it might be of general interest to the Slashdot community. Its a response from EmuGaming to Sega's broad letter to news sites over the whole DC disc piracy thing. You can read more about it by going here. The article mentions a lot of Sega's legal tactics for looking out for its IP rights. Do they have much merit? Check out the article and see for yourself."
Sega is just plain dumb (Score:1)
"its thinking"
No it wasnt and thats why it sucks.
negahban@mindspring.com
Re:What DCISOS.com did WAS illegal! (Score:1)
Sega, since it's a corporation in the United States, can also view code as its physical property, not information. Your opinion doesn't matter on this issue.
Re:Linux running on Dreamcast (Score:1)
Re:Sega is afraid of success (Score:1)
Re:Sega is afraid of success (Score:1)
Re:Bad for Sega. (Score:1)
Open-letter to Sega legal Counsel (Score:2)
As a concerned, long-time Sega customer, I feel obligated to respond to Sega's recent "Gestapo/bully" tactics that you "Daniel R. Harris of BROBECK, PHLEGER & HARRISON LLP" have been heading up.
Sega, under your counsel, is effectively trying to ban free-speech. According to your "legal" template, you state...
"Most gamers would not walk into a store and steal a Dreamcast title off the shelf. These same gamers, however, emboldened by sites like yours and the appearance of anonymity provided by the Internet, do precisely that by copying and downloading the same software titles."
By your own wording, you are calling me, a long-time Sega customer, a thief. You specifically state, that most gamers wouldn't walk into a store and steal a Dreamcast title. That is absolutely true of me, I would never consider stealing a game. Then you go on to state, that these same gamers, because of the Internet, will pirate a game. Right there, in that sentence, you, Mr. Harris, are calling me a thief. I do not appreciate your lies.
I am not a thief, Mr. Harris. I own a Sega Dreamcast, a Sega Genesis 3, a 1st gen Sega Genesis, and a Game Gear hand-held system. Between these machines, I own more games than can conveniently be counted. I OWN them Mr. Harris. I also own a computer, a few computers in fact, and a CDRW drive. I've NEVER pirated a game. I've never even used my CDRW to backup a Sega game. But it would be well within my legal rights to do so.
Spurred by your actions, and the actions of Sega of America, I will now be backing-up ALL of my Dreamcast games, that can be backed-up; Just as I've backed up every piece of computer software that I've ever purchased. Furthermore, I will post advice, and technical information, on every relevant message board, and web site that I can find, to help my fellow gamers, maintain their current game collections.
I'm not a pirate Mr. Harris. I do not support piracy in any way. I believe, and accurately so, that it can ruin an industry. But I am a formerly loyal, and previously long-time Sega customer. The $700+ that I've spent on my Dreamcast, this year alone, will be the last penny Sega gets of my money. I realize that $700 is not allot of money in the big picture, but $700 multiplied by the rest of my game-buying life is.
I honestly hope that you will apologize to me, for calling me a thief. And I honestly hope that Sega will apologize to their customers, for allowing you to call them all thieves. You represent all that is bad about the gaming industry.
Copyright Law, 17 USC 117. (Score:1)
Making a backup copy is not illegal.
Click Here to see. [cornell.edu]
Blatently copying and giving away stuf that does not belong to you is wrong and illegal, if you do that, you should go to jail. If you demand people pay attention to the GPL copyright, you must also demand people pay attention to somebody elses copyright.
Re:Open-letter to Smug clueless Slashbot (Score:1)
Re: (Score:1)
Re:Backups? Yeah right. (Score:1)
Re:Why does being a large business make you guilty (Score:1)
Re: (Score:1)
Re:What DCISOS.com did WAS illegal! (Score:1)
Re:Site that it actually reffers to (Score:1)
Re:Calling thier bluff (Score:1)
Re:Backups? Yeah right. (Score:1)
The problem is that when people start rationalizing why they steal games, they start convincing themselves they deserve them, which they do not.
Re:Backups? Yeah right. (Score:1)
Maybe people do just want free stuff. But this gets back the the whole "Napster debate". Which is something thats been addressed time and time again.
I have no problem paying for good games. On the other hand, I don't like paying alot for a game that sucks. So, I guess you could have the same effect if you just didnt buy the "bad" games in the first place, which would cause a decrease in demand. But, then wait, how do you know if a game is good or bad before you buy it? You dont. So again, were back at the beginning.
Do you follow what I'm getting at?
Re:Backups? Yeah right. (Score:1)
Okay, I lied, more than one word: Game reviews. There a plethora of site that review games; read a bunch, and you can get a general idea of what you would think of the game.
Re:Backups? Yeah right. (Score:1)
Game reviews? Yea, right. Game reviews are what you read to decide if something is worth renting (or in the case of pirates, copying). Besides, have you seen good review for a non-3D game in a long time? Not since Castlevania:SOTN for the PSX. Reviewers are all seriously 3D biased. Most 3D stuff just sucks, IMO. As game machines get more advanced, the games become less of games, and more of "3d world explorations". Even Mario 64 (the original king of 3D platformers), had hardly any enemies worth mentioning. It was fun, but mostly because it was the first of it's genere.
Maybe I just miss the "classics" like Mario World (SNES), Bonk (PCE/TG16), Zelda 3 (SNES), and the like.
Well, I guess this post kinda became a "Why 3D sucks rant", but it's still relevant.
Re:Backups? Yeah right. (Score:1)
I don't rent games either, but I also don't buy many games (not meaning I pirate them, I just don't play that many). If you have a resource available that can solve your problem, don't bitch about the problem.
The real question is how many non-3D games you've seen recently. There's not that many out there, hence not many reviews, good or bad. Strider got good reviews, however, if I remember correctly. Reviewers aren't biased, 3D games are the bulk of what gets made. If you're looking for 2D stuff though, try Strider for the PS as I mentioned above, Legend of Mana (RPG) for the PS, Saga Frontier 2 (RPG) for the PS, or Klonoa (side scroller) for the PS.
I buy mainly RPGs, and I've avoided some due to reviews I've read. One review isn't enough, but six reviews that all say the same thing is often good enough for me.
Re:What DCISOS.com did WAS illegal! (Score:1)
My boldface. Just a little slip there, using the word 'I' instead of 'they'. Shouting is another clue, where have I seen that before? Hmmm. Astroturfers are scum of the earth.
--
Corporate Law In The New America,Inc. (Score:3)
Meaning: You do something 'wrong' (as defined by the megacorps), and you get severely penalised back to the Industrial Age.
Folks, the world of Shadowrun looks like it's looming closer.
Let's just say I intend to be a decker.
Emulation and Copying (Score:3)
Anyway, I agree with Sega. If they don't defend their intellectual property, (Logos, manuals, boot Roms) then they lose it. The only way to do it is to issue sweeping draconian statements like they did.
Don't get me wrong, I like emu's as much as the next guy. But only for things like older systems, where he parts can no longer be purchased. NES, etc. They should be released into the public domain. Any current selling systems new from the company, I believe should be protected until the system is discontinued.
It's a hell of a philosophy, I know. But hey, I don't have any lawyers on my back to question it.
Re:One reason to copy a game you own... (Score:3)
That also involves a change in media. I guess if you had some real reason you preferred a DC emulator on a computer over the actual DC, you would have to "back up" onto CD-ROM from the DC disc.. but that would result in a loss movies and stuff anyway which would suck
Since a Playstation uses CD's, there's no excuse
(BTW - Gameboy Advanced looks cool
woah (Score:1)
Re:Linux running on Dreamcast (Score:1)
KDE 2 being in final beta is scary when things like kmail don't work on real computers like Alphas. I am scared what kde 2 final will be lik on alpha.
Re:Open-letter to Sega legal Counsel (Score:1)
Re:backup? (Score:1)
Re:Corporate Law In The New America,Inc. (Score:1)
Re:My 2 cents (Score:2)
Re:The Site could EASILY get out... (Score:1)
Re:What DCISOS.com did WAS illegal! (Score:1)
Re:Bad for Sega. (Score:1)
I have an inalienable right to back up my own software
Something has been bugging me since I first heard the term 'fair use'. If you have a legally guaranteed right to make backups, isn't Sega denying you that right simply by selling copy-protected software? Isn't the entire console games industry? How about DVDs? So why doesn't the EFF take them all to court and force them to sell their products on unprotected media?
Re:Sega is afraid of success (Score:1)
Of course not. By the way, you do know that your nick is the French word for 'cold', right? I mention it on the off-chance that you were trying to spell Sigmund Freud's surname.
Re:Sega is afraid of success (Score:1)
Sega is Mr. Moneybags? A bully? (Score:1)
Re:Backups? Yeah right. (Score:1)
backups (Score:1)
Now you can backup your copyrighted video tapes so you don't need to buy a new one when the original wears out. I wonder if the movie industry will sue me for encouraging piracy?
Re:Sega is afraid of success (Score:1)
There are large amounts of Dreamcast commercials on TV, wow. If I have to see one more CGI Randy Moss, I'm going to shoot something.
Liability for other things (Score:1)
The gun manufacturers are not being sued for
Just like saying tobacco companies are being sued for the stupid choices the smokers make is BS. If tobacco wouldn't predatorily market to children and teens, pump extra nicotine in and deny it and play all sorts of other tricks and just sell straight tobacco they would have no problems. And if the gun makers just made guns and let them be used for what they would instead of trying to get them to criminals in order to sell more, they would have no problems.
Ever get the impression that your life would make a good sitcom?
Ever follow this to its logical conclusion: that your life is a sitcom?
Re: (Score:1)
The site talked about (Score:4)
-
What DCISOS.com did WAS illegal! (Score:4)
Had dcisos.com not posted manuals, etc and the boot dc, and just provided the news, this wouldn't have happened.
Re:My 2 cents (Score:1)
Calling thier bluff (Score:2)
Re:What DCISOS.com did WAS illegal! (Score:1)
/. editors, please read this (Score:3)
Re:Linux running on Dreamcast (Score:1)
Re:backup? (Score:1)
Kierthos
Sega is afraid of success (Score:2)
The US isn't Japan. You can't just come out with a new shiny box of electronics (and some Engrish name like "Famicon" or somesuch) and expect 25% of the population to buy one. It takes a whole lotta marketing, and Sega doesn't know how to put out. Sony managed to overcome its Japanese roots, as has Nintendo in some respects (since the days of Virtual Boy -- uggh). I have no hopes for Sega.
So now, instead of improving their products or trying to sell more, they're picking on the little guy. It's too much like the RIAA/MPAA, and like them, Sega is doomed to a slow fiery death. I say, good riddance.
The Site could EASILY get out... (Score:1)
If the site would just remove the scans, Sega would have no more argument and it would be back to a normal news site. I am surprised that they haven't just done this. It would be the easiest and sanest things to do.
Backups? Yeah right. (Score:1)
The thing is, stealing the games really doesn't bother me all that much. The boot disk itself is really a marvel to behold, I'm amazed that someone was able to hack the Dreamcast to get it to work.
What does bother me is when people try to justify the theft. Hey, when I play pirated games on my friend's Dreamcast, I know I'm profiting from theft. I really just can't bring myself to care. It just irks me when people try to argue it's not theft, when they won't admit what they're doing. If you're going to get free games, don't whine about it. Everyone here knows the boot disk was not designed for, nor is it used for making backups.
From Sega:
People in this thread have nit-picked on the word usage of this statement, which I have to admit was poorly thought out. The statement, as it reads, makes it sound like all DC owners are thieves. All they should have added was a "Some of these gamers" and it would have read what is the truth: Most people would not walk into a store and steal a game. I know I wouldn't. On the other hand, most people wouldn't feel as guilty if they pirated the game. I know I don't.Everyone here knows the spirit of the statement was that people who otherwise wouldn't steal games may steal games off the internet. Why? It's easier.
it's not talking about dcisos.com (Score:1)
Re:Sega is afraid of success (Score:1)
Re:The site talked about (Score:1)
Re:Sega is afraid of success (Score:2)
Delayed? It's already been out six months in Japan. It was never scheduled to be released before the Dreamcast.
Site that it actually reffers to (Score:1)
Re:Sega is afraid of success (Score:1)
Note that Famicom and Famicon are equivalent in written Japanese. Going by the katakana charts, it's actually a Famicon. Going by general pronunciation, its Famicom.
Either is correct
Re:Bad for Sega. (Score:1)
Re:What DCISOS.com did WAS illegal! (Score:1)
However, the CPU and graphics chips of the Dreamcast are VERY basic, off the shelf products. The SH4 chip is an off-the-shelf product from Hitachi that is used in a ton of different things, and the Power VR2 chip is a PC graphics card that you could buy, and could have bought for quite some time.
But yes, currently the DC copying situation is in no way a backup thing. You can't even do it yourself!
Re:Backups? Yeah right. (Score:1)
"People in this thread have nit-picked on the word usage of this statement, which I have to admit was poorly thought out. The statement, as it reads, makes it sound like all DC owners are thieves. All they should have added was a "Some of these gamers"..."
I'm one who is complaining about the word useage here. The whole point of legal documents is to state, clearly, in exact terms, who they are accusing of what. And in exact, specific terms, they just called me a thief. And that pisses me off.
To address the other issue of piracy, specifically. There is a reason why piracy is so rampant. Many people feel that it's because the Internet provides a degree of precieved, anonminity. I don't think this is main reason. Allot of people know that true anonminity on the Internet takes allot of work to reasonably achieve. The bottom line is most people simply don't care. Most are tired of being taken advantage of by software publishers, and game makers. And the result of this aggrivation, is that many people simply pirate the games.
It's these people, who are pirating the games, that will effectivly alter demand for such products. For instance, if I pirate all the Dreamcast/PSX games/whatever that I would normally be buying, the market is seeing decreased demand. Ultimatly, this decreased demand will do two things.
1. It will cause the industry to collapse.
2. But before that happens, it will cause producers to stop producing the excess bad games/software, and focous their efforts on producing something the public wants.
Let's face it, the vast majority of games released (especially on the PSX) are junk. There is only a hand-full of games actually worth buying. If developers concentrated on making good games, then the hopeful result today's piracy will be a re-organized industry, that focous on producing GOOD games, instead of producing allot of games. It quantity vs. quality all over again.
Cool! (Score:1)
when good gamers go bad (Score:1)
Re:What DCISOS.com did WAS illegal! (Score:2)
I know because almost every single post in dc piracy forums says that. Either everyone is collectivly wrong, or its true. The current rumors (acctually they only ones, around since the start of the DC piracy) are that they stole (or was given) the code from Datel in the UK to use (Datel makes Gamesharks, and they would have boot code because their Dreamcast Gameshark works with a a CD and it does a similar thing, but only lets imports work). So there is a VERY good chance it is indeed Sega's info.
Re:What DCISOS.com did WAS illegal! (Score:1)
10 to 20 dissemination of information (Score:1)
" Your web site is dedicated to the dissemination of information to facilitate and encourage the illegal copying of Sega's intellectual property. "
dissemination of information
Interesting terms, those. What does it mean? It means you're telling people what you know, what you've observed, what you've whitnessed, It's reporting, and they're trying to stomp that because the reporter is reporting the wrong news. Would Tom Brocaw(sp?) stand for this?
Facilitate and encourage
An interesting terms, those.
This is suuuuch a lame excuse to threaten somebody with. The Washington post Facilitates and encourages people to be liberal every day! Do you see Rush L. asking them to cease and desist?? No. and neither should dcisos.com cease and desist from dissemination of information or Facilitating and encouraging people to do whatever they want.
Beer good Lawyers bad (Score:1)
Mirror? (Score:1)
Barriers to backing up? (Score:1)
Standard IANAL Boilerplate...
While reading the letter-and-commentary on the noted website, I was struck by an interesting thought. My impression (see above) is that, as a general rule, you're allowed to make a single copy of software/etc. for backup purposes only. (I think that's pretty much standard on every commercial EULA I have ever seen.) But what if there are technological barriers to making that backup? It is common for CDs/DVDs to include "features" designed to make it almost impossible to do a bit-for-bit copy. (Lots of times this is because the available media is rendered defective -- preburning track 0 and so forth.)
It is one thing to allow users to make a backup; but what use is this if the company knows that such backups are impossible using "legitimate" equipment or methods? That seems to be exactly what is going on here: you can't make a direct copy of the Dreamcast games to back them up; said website provides information on how to do it; now Sega is upset and threatening to sue.
Okay, Sega, then how am I supposed to backup my game? Or do I get to return it as defective whenever it breaks/wears out?
backup? (Score:1)
Re:Corporate Law In The New America,Inc. (Score:3)
--
Liability Sucks (Score:2)
Wanna tell that lawyer what you think? (Score:2)
Now, please keep it civil and try not to flood the poor mail server. That wouldn't be nice.
Re:Sega is afraid of success (Score:2)
1) Sega is demonstrably putting a *lot* of effort into improving their products - their catalogue of Dreamcast games is massively superior to the PSX2 launch lineup, their platform is much easier to develop for and their internal development is second to none. Until recently, the prevailing opinion in the industry was that a library of killer games would guarantee a platform's success. Sega had to try it out to discover that it's not true.
2) You imply that being the 'little guy' somehow gives these guys a moral high ground. It's not like Sega is trying to stifle legitimate competition, they're stopping the 'little guys' from hijacking their product.
And incidentally, Famicom is short for 'Family Computer'. Famicon is short for nothing.
copyright and innovation (Score:1)
As for feeling sorry for game companies, there are several things wrong with his arguments.
First, the more protection you give game companies, the more likely they are going to reissue and rehash and old game. Short term protection is necessary to give those companies the ability to make a profit. But they have already made huge profits. Long term protection, however, removes the incentive for game companies to innovate and come up with new game ideas.
In addition, copyright law was not intended to let companies manipulate the market by letting titles go out of print and then reissue them in a new format that requires technically incompatible hardware and forces everybody to pay for the same content many times over. Such behavior constitutes an abuse of copyright law.
As for defending the companies that brought us all those good game console games--what about their effect on open source gaming? Open source games existed before the PC and consoles, but they have suffered significantly from the PC and console game companies' inroads. So, let's keep the "sympathy" angle out of this argument: it is hardly a clear win for Sega and the other game companies.
What this comes down to is that Sega and other game companies have already taken advantage of copyright laws. And they want even more: prohibitions on emulators, prohibitions on fair use, prohibitions on changes in storage medium, etc. But what's their justification? I don't see much interesting innovation. We, the people, decide what copyright law ought to be, to encourage creative talent to work. If we go the direction that Sega and its defenders want us to go in, we will stifle innovation and creativity for the financial gain of a few stockholders. I think we need to go the other direction: shorten copyrights and liberalized copyright laws. That would encourage innovation and result in better games in the long run, while still allowing authors to make a profit.
Re:Backups? Yeah right. (Score:1)
Re:Sega is just plain dumb (Score:1)
Re:Open-letter to Smug clueless Slashbot (Score:1)
another one bites the dust (Score:1)
Re:Why does being a large business make you guilty (Score:1)
Sega supporters are missing the point. (Score:1)
Re:Was NOT Toad. (Score:1)
Re:Open-letter to Smug clueless Slashbot (Score:1)
"Nobody at Sega gives a shit about your. And you're a fucking moron."
...is having something relevant to say?
Wow, I guess 3+ paragraphs of commentary is just a waste of bandwidth, but 1 unintelligable sentence, now thats really something, eh?
Go back and read who said what before you say something so stupid again.
Re:Corporate Law In The New America,Inc. and Nader (Score:1)
Re:Mirror? (Score:1)
-
The blundering sloth that is law (Score:2)
I'm not a lawyer, but lets face facts: Reading any law/statute ought to give you an idea of what it's about, and where the lines of interpretation are. Right? Wrong. Legal interpretation, as we have seen so many times in the past, doesn't have to be either logical or just. (Anyone remember O.J.? We're not talking a few game carts here)
I'm behind the idea of backing up your games (I still play FF 1 for nintendo.), and I agree that shutting down sites like these serve no purpose other than to flood the legal system with questions it can't really answer. But dude,
Don't be a moron!
Find some REAL legal council. Slashdotters are great, but almost none (most likely) have written a bar exam. Don't leave this stuff to chance. Cover your ass.
I think that the one thing most techies interested in free speech and subsidiary rights forget is that NONE OF USE ARE IN THIS ALONE! If you fall, 10 more people will take up the fight.
It does no-one any good having our talent supplanted into prison and becoming some idiot's buttery corn hole for a few years.
Linux running on Dreamcast (Score:1)
Well, hmmm, what does it mean? I guess it means Sega should stop being so anal and start looking for new friends in our part of the universe, because nothing on god's green earth will stop us from forcing open whatever technology tries to stay closed.
--
Re:10 to 20 dissemination of information (Score:2)
Good for Sega. (Score:1)
Hands up everyone who believes they have an inalienable moral right to make warez.
My 2 cents (Score:4)
Of course, the difference, at least to me, between Napster and this is that Napster actually supposedly does have some legitimate legal uses that are being executed (though slim, most people I know use it to just trade illegally copied MP3s, but maybe I'm crazy.)
As far as "backing up" your console games
There's no question that the "backing up games" == "how to pirate games"