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2
Posted on 6/16/13 at 11:25 am to Draconian Sanctions
:inb4 stout responds with clumsy personal attacks and no substance:
Posted on 6/16/13 at 11:30 am to Draconian Sanctions
quote:
Do you agree with every single SCOTUS decision that comes out?
Of course not but you are the one downplaying how hard it would be to make an argument against intellectual property laws. Not me.
I have accepted them and quite frankly I am very fine with what I get in exchange which is cheap pricing.
You do know when you buy DLC on PSN you don't own it either. Just want to make sure you are aware of this so you can not buy any and keep fighting the man.
quote:
You trying to act like I have no argument when you have absolutely no idea what you're talking about is pretty incredible but par for the course so I guess I shouldn't be surprised.
Since you asked in the next post I will answer it as well as the above statement.
I am a real estate developer. Been at it for 13 years now and have built multiple subdivisions from scratch and well over 100 houses. I have actually lost count.
If someone came to me and said "Stout, we want you to build this skyscraper for us". Do I know a lot about construction and development? Yes way more than the average person because I do it professionally and am good at it. Does that mean I would know how to fully erect a skyscraper and be able to take on the task? Nope not even close.
It's why I asked you what your area of practice actually is. Just because you know enough about a variety of laws to pass the bar doesn't mean you know enough about this particular area to do more than talk out of your arse.
Posted on 6/16/13 at 11:31 am to StraightCashHomey21
quote:
do you really trust MS at this time
there are so many un answered questions if they just came out and said we are doing this so in the long run we lower the price of games id already would have pre-orderd an Xbox but as it stands i have no faith in them to lower the prices with the way they have presented xbox1
Well, there is a reason that I'm in the process of building a PC.
I think Microsoft can eventually offer better game pricing at the expense of the used market, but it won't be overnight, so I'm moving to the platform that's already perfected it, with better performance, mods, etc. to boot.
ETA: I do think that what Microsoft is doing is better for the future of console gaming, although they've done a terrible job communicating such. Change will always be resisted until it's shown to be positive.
This post was edited on 6/16/13 at 11:33 am
Posted on 6/16/13 at 11:32 am to Draconian Sanctions
Are you the owner of a pitbull that's kill an innocent? Got a ticket for texting and driving? Are you currently register as a pedo? If so call draconian at 1-800-You-vsMe that's 1-800-You-vsMe. That's right you heard it 1-800-You-vsMe.
Posted on 6/16/13 at 11:32 am to tehchampion140
quote:
Well, there is a reason that I'm in the process of building a PC
im going to join the master race when i move back to the states
Posted on 6/16/13 at 11:33 am to stout
quote:
Of course not but you are the one downplaying how hard it would be to make an argument against intellectual property laws. Not me.
Intellectual property law is a created legal fiction. I'm talking about ACTUAL property law. My contention is that even the download, which writes the game data onto your hard drive, is a physical good just like a game disc. I'm not saying 100% that my contention would be upheld by the courts but it is certainly an unsettled point of law and have a legit argument.
quote:
Just because you know enough about a variety of laws to pass the bar doesn't mean you know enough about this particular area to do more than talk out of your arse.
Actually, that's exactly what it means. Law School trains you how to see holes in existing law and make a legal argument for your position. That is all I have done here.
You're acting like I'm trying to rewrite the whole Uniform Commercial Code here just because.
This post was edited on 6/16/13 at 11:36 am
Posted on 6/16/13 at 11:37 am to StraightCashHomey21
quote:
im going to join the master race when i move back to the states
I'm pretty excited about it. It's a lot of money to put down at one time but after the initial build, the cheap games, great performance and graphics, and tons of free mods that improve games make it so worth it.
Posted on 6/16/13 at 11:40 am to Draconian Sanctions
quote:
My contention is that even the download, which writes the game data onto your hard drive, is a physical good just like a game disc.
The one area I will agree with you is the jailbreak phone scenario. I have never understood this but if you get caught hacking on PSN or Xbox Live they both have the right and option to "brick" your console according to their ToS. I know Xbox does it though I am not 100% if Sony has ever actually done it to someone. The option is there for them.
I don't think they should have this much power over a physical product you paid for. If anything they should ban you from their network and that's it.
Other than that I think you are stretching it with the hard drive scenario in my non legal opinion simply because the license states it's a limited use license and they reserve the right to terminate the license when and how they see fit. When you agree to it you agree to all of their terms including the limited use.
quote:
Actually, that's exactly what it means.
Anyone need a skyscraper built? I am a licensed contractor after all and have built my fair share of houses and passed all the state required contractor tests.
This post was edited on 6/16/13 at 11:42 am
Posted on 6/16/13 at 11:45 am to stout
quote:
Other than that I think you are stretching it with the hard drive scenario in my non legal opinion simply because the license states it's a limited use license and they reserve the right to terminate the license when and how they see fit.
Again just because someone puts something into a TOS that doesn't mean it's legally binding. My contention would be that they do not have the legal standing to make it a limited use license in the first place. That kind of license is traditionally reserved for a ticket to a movie or something like that.
quote:
Anyone need a skyscraper built? I am a licensed contractor after all and have built my fair share of houses and passed all the state required contractor tests.
It's not an apples to apples comparison. If I were actually going to file suit I know exactly where and how to look up any all pertinent statues and precedent. Would I be as good at it as one of Microsoft's guys? Of course not but that doesn't mean that I couldn't do it.
Posted on 6/16/13 at 11:51 am to Draconian Sanctions
quote:
My contention would be that they do not have the legal standing to make it a limited use license in the first place.
I just don't see why you think this hasn't been thought of or even challenged before with iTunes that has been around for ages and has a pretty strict DRM with products you purchase there.
quote:
If I were actually going to file suit I know exactly where and how to look up any all pertinent statues and precedent. Would I be as good at it as one of Microsoft's guys? Of course not but that doesn't mean that I couldn't do it.
And I also know the basics of construction and development. I am sure if I really wanted to I could build anything someone wanted me to. Would I lose my arse in doing so and would it be uninhabitable for use? More than likely.
Posted on 6/16/13 at 12:01 pm to stout
quote:
I just don't see why you think this hasn't been thought of or even challenged before with iTunes that has been around for ages and has a pretty strict DRM with products you purchase there.
#1 I'm sure they have thought of it and have an argument prepared that may or may not fly based on a variety if factors. Regardless, that doesn't change my legal opinion that what they are doing flies in the face of traditional property doctrine. You even said that you agreed with me in jail breaking. How is a phone any different than a download written into your hard drive. Just because you can't see the good does that make it any less yours?
#2 Why would anyone spend time and money to go up against a huge legal department like these companies have over some iTunes songs?
#3 Just because something hasn't been challenged doesn't mean that there's no argument or potential for a claim. Digital issues like these lag way behind in the courts compared to real life advancements. How long has iTunes been around? 10 years? In the legal community that's not THAT long.
#4 Now that you mention it though I do remember that Bruce Willis was talking about suing them because he was told he couldn't leave his iTunes collection to his daughter in his will. Not sure what happened with that.
This post was edited on 6/16/13 at 12:03 pm
Posted on 6/16/13 at 12:06 pm to Draconian Sanctions
quote:
Not sure what happened with that.
He realized it was stupid and that his daughter could get his iTunes music in a variety of ways.
This post was edited on 6/16/13 at 12:07 pm
Posted on 6/16/13 at 12:09 pm to Draconian Sanctions
quote:
You even said that you agreed with me in jail breaking. How is a phone any different than a download written into your hard drive. Just because you can't see the good does that make it any less yours?
You misunderstood. I don't think they have a right to keep you from doing anything with your physical property that you want. They do have a right to keep you from using that device to access their network though. Same with limited use license and digital content.
quote:
#2 Why would anyone spend time and money to go up against a huge legal department like these companies have over some iTunes songs?
Why did they spend time and money to go up against tobacco and their huge legal departments? Money is always the answer for class action.
Anyway, you aren't changing your mind that you are correct and I am not changing mine that you need to quit throwing around being an attorney in these threads because it means squat really.
You have used it twice now to try and intimidate people and it's just a lame way to try and win an argument.
Let's just all agree that the potential for this with MS and the Kinect makes the One worth it.
Posted on 6/16/13 at 12:11 pm to stout
quote:
you need to quit throwing around being an attorney in these threads because it means squat really.
Yeah I'm sure if there was a thread about building houses and a bunch of people were making stupid statements about it you wouldn't mention that's what you do for a living
Posted on 6/16/13 at 12:13 pm to stout
If your legal opinion is as good as mine does that mean my opinion on building houses is as good as yours? 
I guess based on your previous statements you feel that the two of us are equally qualified to build a skyscraper, correct?
I guess based on your previous statements you feel that the two of us are equally qualified to build a skyscraper, correct?
This post was edited on 6/16/13 at 12:14 pm
Posted on 6/16/13 at 12:14 pm to Draconian Sanctions
Only if they were giving the OP the wrong advice but that would be strictly to help the OP and set him on the right track.
You are doing it to win an argument that benefits no one. All it does is stroke your ego to try and intimidate people. Your initial response in this thread and the one the other day about being an attorney shows that pretty clearly.
You are doing it to win an argument that benefits no one. All it does is stroke your ego to try and intimidate people. Your initial response in this thread and the one the other day about being an attorney shows that pretty clearly.
This post was edited on 6/16/13 at 12:15 pm
Posted on 6/16/13 at 12:16 pm to Draconian Sanctions
I'm a professional online thunder dome referee. Class of 2007 and I'm calling this fight 50-49 in stouts favore.
Posted on 6/16/13 at 12:16 pm to Draconian Sanctions
I am not stopping you from trying to build whatever you want. The state inspectors might but I personally DGAF if you feel like you can or not.
Posted on 6/16/13 at 12:16 pm to Blitzed
<3
What time are you getting on today?
What time are you getting on today?
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