I'd say that legal ownership of the software has zero
to do with either the media OR the box. Take a non-game package like
Photoshop. My house burns down or is robbed. My copy was registered
w/Adobe. I can call them up and purchase a new copy of the media for $20
(the manuals are on the CD anyway). If my copy was stolen, does the thief
now own a legal copy? No. Adobe's license agreement states that the
contents must be transferred in their entirety by the owner PLUS you have to
fill out a transfer of ownership form. I retain
ownership.
Most games are relatively inexpensive compared to
applications (such as MS Office). Its usually easier to just buy a new
copy of the game rather than haggle for a replacement if your copy was destroyed
or otherwise involuntarily removed from your possession. Besides, as I
think was pointed out, you don't "own" the software, you have a license to use
it. Most license agreements stipulate that violation of certain terms
(such as copying the software for reasons other than a backup) can void that
license. Which means if you copy something, not only does the purchaser no
longer have a valid license (despite having the media, contents + even a
receipt), neither does the copy recipient.
With respect to trading bits and pieces of a game, which
bits (or combination thereof) constitute ownership? I'd say the most
important bit is proof of purchase (e.g. a receipt) which is something almost no
one gets (I think 3 auctions I won so far came w/the original receipt, and
probably by accident at that). If it came down to it, how do you prove you
own a legal license (as opposed to just stealing the box off the shelf)?
If the BSA raids my company, and we can't prove we PURCHASED the software, we're
probably doomed (even if we have physical copies of the
media).
So, I think that in nearly all cases, if the software
company pushed hard enough (of the ones still in business) they could probably
claim with reasonable chance of success that nearly all the games we have aren't
legal (they weren't properly transferred per the license agreement. Did
you sign a form stating you comply w/the license terms? Did you RECEIVE a
copy of the license terms?). They just don't care because its not
economically or politically feasible to pursue it.
Dan
-----Original Message-----
From: MASTER [mailto:[EMAIL PROTECTED]] On Behalf Of Pedro Quaresma
Sent: Tuesday, September 17, 2002 3:10 AM
To: [EMAIL PROTECTED]
Subject: Re: [SWCollect] Buy 1 get 2
>Heh, I love this group!
Ditto! :)
>Or what if you have two sets of parts but only one set of disks, having lost the others? Why would it be wrong to include one original disk and one copy per set? >I'd consider doing this if it was a common game that wouldn't sell for much either way. Bard's Tale Construction Set, yeah, I'd split the originals up and make two >completes. Ultima Martian Dreams, no, I'd prefer to have one with full originals because it means more to collectors that way.
Ohhhh, you just reminded me of some other situation: Al has 5 copies of Ultima Underworld 2 (a game that has 5 floppy disks). He goes to eBay and gets a spare box from an auction, spare manual from another and even a spare map from a third auction. He then procedes to get one different floppy from each of the five UW2s he already had. Does Al now have a 6th copy of UW2? Think of this issue in both "collectible" and "legal" terms ;)
Pedro
--
Pedro R. Quaresma
Salvador Caetano IMVT
Div. Sistemas de Informação / Systems and Information Division.
[EMAIL PROTECTED] // +351 22 7867000 (ext. 3492)
"It has become appallingly obvious that our technology has exceeded our humanity." - Albert Einstein
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