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-   -   Why another "Respect copyright laws" message in Phex 2.8* ? (https://www.gnutellaforums.com/general-discussion/52540-why-another-respect-copyright-laws-message-phex-2-8-a.html)

pawelsz February 2nd, 2006 08:18 PM

Why another "Respect copyright laws" message in Phex 2.8* ?
 
http://my.opera.com/pawelsz/homes/fi...laws_popup.png

"Phex must only be used to exchange authorized files. Dont't share copyrighted files and infringe copyright."

Why this notice cannot be switched off (in options menu) like
startup copytight message ?

In my opinion Phex should be neutral in that matter:
Let the user decide what is "good" and what is "bad" - not the software...

I think that startup copyright message is a good compromise in
that matter (because it is possible to disable it).

arne_bab February 3rd, 2006 06:50 PM

It is written in such a way, that you'll see it once for every update, not more, not less.

We need to be quite careful with copyright, especially now that LimeWire includes license-metadata and warns when the user tries to download anything without recognizeable license.

You are only warned not to infringe a copyright, what infringing means is a matter of your local laws.

But if you have a better text, which still protects those working of phex from prosecution, we would most certainly use it thankfully.

This message is a safeguard, so that no user can state in court "I didn't know, I wasn't allowed to download that. Phex is to blame for not telling me. Sue the developers, not me."

Having a choice means having to know what you are choosing to do beforehand. And to be sure noone sues The Phex Team (all who work on Phex) we must forbid every user to use Phex for copyright-infringement. Especially since we can't enforce that in any way, and it would be illegal if we tried, because we would then violate the privacy of Phex users.

Besides: In the USA a p2p-program loses in court, if it was advertised as a means to download copyrighted files for free. That's called "inducement", and it's illegal and can result in the Programmers and Supporters being sued, and I don't want to imagine the cost of that. So we definitely FORBID you to use Phex for copyright infringement.
If you listen to us is up to you.
We also FORBID ourselves to use Phex for copyright-infringement.
If we stick to our own "laws" is a privacy issue, so noone has the right to know, except for law enforcement, and for thaem to have the right to investigate there must be well founded suspicion.

Just be careful and check i2phex (by googling, i.e.).

pawelsz February 4th, 2006 05:54 AM

Quote:

no user can state in court "I didn't know, I wasn't allowed to download that. Phex is to blame for not telling me. Sue the developers, not me."
"I didn't know, I wasn't allowed to use machinegun in school.
School is to blame for not telling me. Sue the school , not me."

sue the school, bad parents, weapon dealer - but not me...

That is really pathetic defence, and i really dont belive that any
normal court in world will accept that defence.


In many countries there is sentence like:

"If you dont have knowledge about law this is not excuse."
"Ignorance of the law is not excuse."

Why the software developers should take resposibility for user actions ?!


This will be insane if car dealer will be sued by court for selling car that
was used in bank robbery etc...

arne_bab February 4th, 2006 07:00 AM

Do you know, why in America you have to write "hot" on cups of coffee and "don't use to dry your pets" on microwave ovens?

It is, because there, this IS an excuse.

MacDonalds payed quite dearly for not saying definitely, that if you buy hot coffee, the coffee tends to be hot and can give you burns if you get it on your clothes. That's why you only get semi-warm coffee from them since then.

And the Music Industry pays their lawyers quite well and cann afford to lose.

We can't.

And additionally this message is especially important, because there are websites which make the Visitors pay for "free legal downloads" just to send them to the Phex download page afterwards. Those Users could claim they didn't know anything, and besides all that: This message ensures to soem part the ongoing developement of Phex, so I think it is a small price :)

pawelsz February 4th, 2006 07:33 AM

Quote:

Originally posted by arne_bab
"don't use to dry your pets" on microwave ovens?
ROTFL ! This is wicked ! :D

Quote:

Originally posted by arne_bab
This message ensures to soem part the ongoing developement of Phex, so I think it is a small price :)
Yeah you are right mate. In my country we call this:
"the lesser of two evils" - not perfect solution but better than Phex developers in jail ;)

arne_bab February 4th, 2006 07:45 AM

Exactly what I think :D


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