GL2814E said:
psrdirector said:
I hope all the people part of skid row end up homeless with ubisoft dancing on there money from a copyright violation lawsuit.
I'm not sure its a copyright violation to disable DRM.
It might violate the EULA, but if they explicitly say they aren't doing it for money, then most courts will end up viewing it the same way other cheats/mods for games are viewed.
That is to say, it has no legal ramifications what so ever.
Well, in American Federal courts that handle copyright violations anyway, I don't know about French courts... (But if Skid Row aren't French Citizens, can they be dragged to a French court over DRM? I doubt it.)
Disabling DRM in and of itself, on a legitimately-bought product, wouldn't create liability (it could violate the EULA, but... Eh). But, whether they explicitly say "we're not doing it for money" or not, their actions create liability. In the same way that if I copy a DVD five million times and give it away, I'm still liable for copyright violation.
Even if not done for profit, any product which uses another entity's intellectual or physical property (including code, business method, logo, music, video, or pictures) and which doesn't fall under the fair use provisions of copyright protection, is an actionable violation of copyright.
You're misstating the distinction drawn for mods, cheat, parodies, and other 'fair use' of copyrighted material. Basically, if I use an existing copyrighted material to create my own unique product on top of, that's fair use. I can parody, satirize, modify, ect. I can take a book, and write a fanfiction. I can take a game and mod it. I can take a song and parody it. I can't take a book, and rewrite it word-for-word, before releasing it on the internet.
Fundamentally, a big part of the difference is in whether the original work competes with the copyrighted work. So, a fanfic of Harry Potter doesn't compete with the Harry Potter series. A mod of doom turning it into Mario competes neither with Doom nor Mario, so it's fine. A cracked/torrent/pirated version of a game directly competes with the original (copyrighted) game, and is not sufficiently distinct from the original product as to count as fair use.
Skid Row can, should, and god-willing will be smacked down for helping people steal property.
Finally, it'd depend on where Skid Row is located. If they're located in America, we have reciprocity with almost all of Europe, and most of Asia. So, if a French court heard and ruled against them, it could easily be domesticated in America, and apply to them.