IDSA Forces Arcade Game Manual Archive Offline 215
AtariKee writes "The IDSA and the DMCA has struck again, this time forcing the maintainer of Stormaster.com, a coin-operated video game manual and tech information archive, to shut down. Stormaster has been an invaluable resource for collectors of classic coin-operated video games for years, and this loss further demonstrates the idiocy that is the DMCA. I can understand ROM images to some extent, but 25 year old coin-op operator/tech manuals? The full text of the IDSA's letter can be read on Stormaster's site." Previous Slashdot posts about IDSA (Interactive Digital Software Association) show that this is typical of the organization.
read carefully (Score:3, Insightful)
Well, I notice that the IDSA letter does not demand that those 25 year old manuals be taken down, or that the site be shut down -- the letter refers only to a list of 7 "game products" (which are presumably ROM images).
Re:read carefully (Score:3, Interesting)
Well, I notice that the IDSA letter does not demand that those 25 year old manuals be taken down, or that the site be shut down -- the letter refers only to a list of 7 "game products" (which are presumably ROM images).
Sounds to me like you should have read the next paragraph.
The unauthorized copies of such game product[s] appearing on, or made available through, such site are listed and/or identified on such Internet site by their titles, variations thereof or depic
Re:read carefully (Score:3, Interesting)
Seems like they could attack ebay and anyone that doesnt use personal photos of stuff could be in violation.
Re:read carefully (Score:3, Informative)
*Gasp* Unpopular observation I just made on Slashdot, but let's remember something.
This site was (AFAICT) distributing copyrighted material without the permission of the copyright owner.
And that, BTW, is illegal.
The DMCA doesn't apply here (unless I'm a loser who doesn't know what he's talking about). Unless IDSA wants to argue that opening the cover of a manual is circumvention of a copy-control device.
Anybody notice this: (Score:5, Insightful)
"
Note: The information transmitted in this Notice is intended only for the
person or entity to which it is addressed and may contain confidential and/or
privileged material. Any review, reproduction, retransmission, dissemination
or other use of, or taking of any action in reliance upon, this information by
persons or entities other than the intended recipient is prohibited. If you
received this in error, please contact the sender and delete the material from
all computers."
Isn't posting it on the internet the same as retransmitting or disseminating?
Re:Anybody notice this: (Score:5, Informative)
No. The bit at the bottom applies to anyone who is NOT the intended recipient who might get the letter. If you drop some of the excess verbiage, it reads:
"Any dissemination by persons other than the intended recipient is prohibited."
Re:Anybody notice this: (Score:2)
Re:Anybody notice this: (Score:3, Funny)
No, that is plain old viewing. However there are probably people posting their REVIEWS of the letter on slashdot right now.
P.S. Yes, I hit PREVEIW before posting LOL!
-
Re:Anybody notice this: (Score:2)
Re:Anybody notice this: (Score:2, Funny)
Not really a problem. (Score:5, Informative)
In fact to state that the intended recipient is not allowed to have the letter "reviewed" by a lawyer would be contrary to their purpose of using expensive lawyers to handle what should be done by decent thinking people.
As a previous poster noted though, the letter does not include specific references to the manuals for those games, and it wasn't and endless list of games.
If I had to take a wild stab at it I'd wager the site-owner is just frustrated by running a non-profit site that isn't doing any actual damage to anyones business and getting kicked in the teeth for it by lawyers anxious to justify their billable hours.
"Look! We stopped another person from freely sharing information that will never be of use to anyone! That'll be $1200 dollars please."
Wrong, a very big problem (Score:3, Informative)
This is an area of copyright law which may not be intuitive, but it is well established. Republishing e-mail you receive without the permission of the sender is illegal. In this
Hasn't this happened before... (Score:3, Interesting)
Re:Hasn't this happened before... (Score:2)
Slashback to when the injunction was lifted [slashdot.org].
I guess I just can't see it happening. (Score:3, Insightful)
I would also wager that there are lawyers who for fear of bad P.R. for their sponsors would love the concept that they can bully people and automatically gag them at the same time. I also understand that they may have included this clause with that hope in mind.
What I can't see as likely is to go before a
/. posts? (Score:2)
Re:Wrong, a very big problem (Score:2)
No, it explicitly states that it applies to peopel OTHER than the intended recioient.
This applies to all letters you receive from anybody, including e-mails
Wrong. It does not apply to legal notices. It is a purely functional notice, and use by the defendant is CLEARLY fair use. It would be a blatant miscarrage of justice to hamper the ability of defendants to defend themselves.
-
Re:Wrong, a very big problem (Score:2)
On the other hand, if you drop out some of the excess words, you're left with:
which I'm sure any reasonably competent attorney would interpret as implicit permission to retransmit, provided th
Re:Not really a problem. -- More Accurate to Say (Score:2)
I believe it would be more accurate to say We stopped another person from freely sharing information that will never be of Profit to anyone!
Doesn't mean you agreed to it. (Score:3, Insightful)
Cheers,
Ian
Re:Doesn't mean you agreed to it. (Score:2)
That's my default response to everything, ah ha ha ha ha ha ha ha...
Re:If there was only contract law & not copyri (Score:2)
Re:Anybody notice this: (Score:2)
DMCA, shme-ehm-see-ayy... your attitude is exactly what you would vehemently argue against Microsoft if the situation were proper: show your name (and be subject to 'persecution' - karma), or be censored.
two points to clear up about this post:
it's quite sad that 'persecution' on this site is based on this karma crap and the idiotic moderators deciding it... it's sad, but it's actually al
Offtopic, but interesting- mods will be the judge (Score:3, Interesting)
Yes, it's probibited (Score:3, Interesting)
looking at the letter... (Score:4, Funny)
Re:looking at the letter... (Score:3, Interesting)
I think Tron 2.0 is the name of the new movie coming out, and probably the name of the crappy video game tie in as well.
You think he grabbed some images of the game and posted them to his website?
I wonder if he hadn't done that if they would have left him alone.
Hmmmm....
Fax them and tell them what you think (Score:2, Informative)
For PC game manuals (Score:4, Informative)
Tell Everyone (Score:2)
Don't forget to donate a few bucks to keep the site up!
Re:Tell Everyone (Score:3, Informative)
No, they post whatever they can get their hands on, and hope that publishers don't take legal action against them. Didn't you read their FAQ?
25 year old (Score:1, Insightful)
Re:25 year old (Score:3, Insightful)
Is anyone surprised? (Score:3, Interesting)
Re:Is anyone surprised? (Score:5, Interesting)
There are plenty of Commodore and Sinclair ROMs, manuals and diagrams on the net. They're available to keep such old gear working for future generations to see. What next, ban the distribution of classic car manuals and sue people for producing reproduction parts?
Re:Is anyone surprised? (Score:2)
Yeah, and that point should be on the neck of the guy that introduced the bill.
---------- Cut off on dotted line
-
Re:Is anyone surprised? (Score:5, Interesting)
Originally, I thought this was just a little farfetched, but I worry a little about trends I see. Some companies now seem to desire the ability to turn a profit on any innovation for all eternity by maintaining everlasting copyrights, patents and IP rights. Maybe this will be one of the driving forces that causes the loss of knowledge about old technology and "unimportant" information.
I think the US will pay a big price in the long term by passing these "mediocrity protection" laws. I would not be surprised at all to see more and more smart people begin going to countries where they won't be blocked at every turn when they try to build on other people's work.
Re:Is anyone surprised? (Score:2)
Re:Is anyone surprised? (Score:2)
Once original parts have dried up you can't fix your car (which might turn out to be a classic someday)
Re:Is anyone surprised? (Score:2)
I think Stallman needs to write a sequel to it, or a new version that's much longer and expands on it, going into much greater detail about how this society of 2047 operates.
Motivation? (Score:3, Insightful)
Re:Motivation? (Score:2, Interesting)
Aside from the glaring flaws in our legal system, the deterrent idea doesn't seem to work too terribly well, and I doubt it will work very well in the digital arena, either. I
Re:Motivation? (Score:2)
See sig for details.
Hmmm... (Score:4, Interesting)
It looks like what he's being accused of is having warez on his site, not manuals. Of course, if the manuals also included schematics for some reason (repairs?), then by having the schematics up on his site he would be allowing someone to reproduce the game. I'm not sure what was in the manuals, since I never got a chance to see them...
Re:Hmmm... (Score:2, Interesting)
Re:Hmmm... (Score:5, Informative)
Looking at the Wayback Machine [archive.org] archive for the stormaster.com site, it looks like it included ROM images. That'd probably be why the DMCA was invoked.
I can understand why the game makers would want those ROMs taken down. People are still willing to pay for versions of the classic games -- look at the various "oldies" cartridges for modern game systems. Two of the games on the list I know to be available in stores: Frogger was recently remade as a 3D game, as was Dig Dug. Both include the "classic" game. (I saw Dig Dug at my local job-lot clearance store just the other day.)
It's not a case of the code having no value. Clearly, you can still sell that code. So, having it available for anyone with MAME to use is stealing from the pockets of the current rights-holders.
As much as I think DMCA is bad law and is abused, this is one case where it seems to be used as intended.
Re:Hmmm... (Score:2)
That could well be; it looks like the wayback machine hasn't cached the pages involved. But some ROM copies are legal and encouraged; I own an Addams' Family machine, and the manufacturer posted ROM updates on their web site for it. Anybody know what was actually there?
Re:Hmmm... (Score:2)
Overseas (Score:5, Interesting)
Re:Overseas (Score:2)
Like China.
Tech Manuals, good faith and goodwill (Score:4, Interesting)
If the site originally hosted tech manuals for the games and not the actual game ROMs themselves, it doesn't appear that the site would have to be taken down. The letter appears to refer only to the software, not information about the software.
Then again, this could be the operative phrase:
any such game titles, copies, listings and/or other depictions of, or references to, any contents of such game product, are hereinafter referred to as "Infringing Material"
If the IDSA was smart they would sponsor the site instead of trying to shut it down. There are a couple of concepts known as good faith and goodwill. It would behoove them to start practising both.
Yes (Score:2, Interesting)
He's probably taking it down because it's a pain in the ass to deal with, and he really doesn't care.
This, btw, is one of the things about the DMCA that erally sucks; rather than forcing the complainer to get a proper court order to down the site, where they would have to show some evidence of harm, etc, they can just send out letters and force everyone into defence.
Re:Tech Manuals, good faith and goodwill (Score:2)
There are a couple of concepts known as good faith and goodwill.
+12 Funny!
-
Why is it shut down? (Score:5, Insightful)
I can understand ROM images to some extent, but 25 year old coin-op operator/tech manuals?
Read the letter. It doesn't say to take down any manuals. The person who shut down this site shut it down on their own accord. They could have just removed those specific items for download and they would be in the free-and-clear.
Re:Why is it shut down? (Score:3, Insightful)
Sorry everyone but stormaster.com has been taken down! I'm tired of dealing with DMCA lawyers.
So I would guess that after being bothered numerous times he doesn't care if he can remove a few more manuals and make that lawyer go away since another will be pestering him next week.
Re:Why is it shut down? (Score:2)
Indicates to me that IDSA mistakenly thinks the site is offering the game ROMs for download, which it is not. In any case, removing th
Re:Why is it shut down? (Score:2)
The latter
Re:Why is it shut down? (Score:2)
I wonder if they look at it somehow as providing some sort of help to MAME, which is obviously designed only to traffic in stolen ROMS
This has nothing to do with DMCA (Score:3, Informative)
Re:This has nothing to do with DMCA (Score:2)
Re:This has nothing to do with DMCA (Score:2)
Pay attention. The DMCA gives them the ability to request that the content must be taken down immediately, without further proof or court ruling that it is indeed infringing.
Hence the part "IDSA has a good faith belief". I'm not sure what the punishment for not following a DMCA notice is though.
Re:This has nothing to do with DMCA (Score:2)
They probably should, but it's not nearly as simple as that. For example common carrier status may interfere with fighting spam, blocking denial of service attacks, and other complications.
It's hard to open the door for ISP's to do the things they need to do without opening the door for allowing them to do stuff they shouldn't or forcing them to do things they shouldn't.
-
Come on people... (Score:4, Funny)
Is it just me? (Score:4, Insightful)
Re:Is it just me? (Score:3, Interesting)
hopefully someone somewhere is cooking up some ideas of revenge using these same rules.
Re:Is it just me? (Score:2)
Why risk? (Score:2, Informative)
In today's litigation happy world, why even risk having ROM images available? Such things are just begging for trouble. The cease and desist letter sounds like some copy of the game itself (beyond tech manuals) was available.
If it was just tech manuals, then yeah, it's stupid. For ROM images, whoever put them there is stupid. It doesn't matter what we think about the software in question, if
archived (Score:2, Interesting)
Re:archived (Score:2)
The Wayback only has a few text pages, not the actual files hosted.
Here's the text of the opening page; it did have ROMS, as well as manuals. So unfortunately it was blatantly illegal -- though definitely done for love, not money.
Bot. (Score:3, Insightful)
Small claims court for cabinet owners? (Score:2, Insightful)
Dig Dug - Atari/Infogrames
Donkey Kong - Nintendo
Frogger - Konami
Mario - Nintendo
Pac Man - Midway
SWAT - Sega
Tron 2.0 (game)
Okay I think I may understand the Tron 2.0 [gamezone.com] given that a new PC game is soon to be released. The only other game that is still "current" with successful sequels is Mario. I can understand protecting all rights with those two. Frogger? Every sequel has sucked monkey nuts (Swampy's revenge anyone?). Dig Dug Deeper? The other game
Isn't this quite standard copyright? (Score:3, Insightful)
The parts I really don't like about the DMCA is that is makes it illegal to use my own property, like play my DVD under Linux, or make a back-up of it for my DVD-less laptop.
Soon it'll get here too with the EUCD. Sigh.
Kjella
Coin-op... what? (Score:4, Funny)
Instructions
1) Select manuals to be read.
2) Insert coin(s) to buy time.
3) To extend time, press the red button and insert more coins...
Solution (Score:2)
Step 2: Move site to their server
So what is the problem?
It should be standard practice now for any site admin based in the US who thinks their site has any chance of violating the dmca to host it in a country such as Vanuatu, and keep the owners identity unknown.
They're not the only ones - Hit list follows (Score:2, Informative)
-B
Hmm. If they lawyers are _really_ picky... (Score:2, Funny)
... they can still sue him. Quote from the end of the email:
Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete th
Why the surprise? (Score:2)
Offshore web hosting??? (Score:2, Interesting)
Come to think of it, for any content even slightly "controversial" (or heck, the way the DMCA is being used, that might mean all content), would hosting it completely offshore on offshore servers actually help anyything?
Does the DMCA apply overseas?
NOT A DMCA ISSUE (Score:2)
P.S. Btw the same legal theory can be used against the operating officers of SCO for not properly protecting what were the property rights to unix for the 10 years linux was out.
I just don't get it (Score:2, Interesting)
Re:The best part... (Score:5, Insightful)
"Any reproduction... by persons or entities other than the intended recipient is prohibited."
He's the "intended recipient", so he can do ANY of the actions listed. Get a clue. Learn to read.
Re:The best part... (Score:2, Informative)
Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
(emphasis mine)
I believe posting it on a publically-accessible website qualifies as making it availible for review by "by persons or entities other than the intended recipient".
Re:The best part... (Score:2)
Re:you are right, but... (Score:2)
By that logic I should be able to write this: (Score:2)
I think you can put anything you'd like at the bottom of your e-mail and unless an agreement was conceived beforehand it's just extra sig spam.
~S
Re:By that logic I should be able to write this: (Score:2, Funny)
wrong (Score:2)
Re:The best part... (Score:2, Insightful)
While the above is specifically New York, other states have similar laws.
So the recipient can actually do anything he feels like, including wiping his a** with it...
Doesn't look fake to me. (Score:3)
dmca@idsa.com
Who would use that address?
Probably IDSA's DMCA lawyers [google.com].
- A.P.
Re:Doesn't look fake to me. (Score:2)
1211 Connecticut Avenue, N.W. [mailto]
Washington, DC 20036 USA [mailto]
Attention: Piracy Enforcement DMCA Officer [mailto]
E-mail: dmca@idsa.com [mailto]
Sunday, June 22, 2003 [mailto]
Dear Spammers and Email Address Harvesters, [mailto]
I am an authorized representative of the Interactive Digital Software Association ("IDSA"), which represents the intellectual property interests of over thirty companies that publish interactive games for video game consoles, personal computers, handheld devices and the I [mailto]
Re:Doesn't look fake to me. (Score:3, Interesting)
Re:Looks fake to me (Score:5, Offtopic)
Prohibited by what?
The recipient received this notice unsolicited. There was no prior agreement in place that the recipient would maintain the contents of the notice in confidence. Therefore, barring national security interests, I can't see any reason why the recipient shouldn't be free to do anything they want with the notice, including expose the sender to public ridicule and derision.
It's meaningless boilerplate.
Schwab
Re:Looks fake to me (Score:3, Funny)
Unless you happen to be getting e-mail from god, in which case I think you have bigger issues than copyright law!
-
Clever Idea (Score:4, Insightful)
BAM! Your ISP staggers for half a day or so, but you'll probably enjoy residual traffic as a result of the exposure...
Not saying that's the case here, but what if...
Perhaps this has happened already?
Re:Clever Idea (Score:2)
Not saying that's the case here, but what if...
Perhaps this has happened already?
Probably not the case here (since the site is down with no signs of ever returning), but I'd bet that a goo
Re:Clever Idea (Score:2)
Stormaster was a mirror of another site (which shall remain nameless for obvious reasons; if you really look you can find it) and there were no banners, popups, etc to speak of. The site was put up as a service to arcade game collectors so that we could have a resource to fix our machines. Nothing more, nothing less. If you can find the page that it mirrors, you'll see how Stormaster was set up. It has the exact same layout.
Re:resources for writing a dig dug ripoff? (Score:2)
Like tombraider:
http://openraider.sf.net
No, I haven't got finished with it yet - but I did start on a physics engine and gameplay already in a private branch. (eg Too broke to check in heh )
Re:woops. i forgot to add: if i want to do this... (Score:2, Informative)
Re:It's not even the DMCA (Score:2)
Re:It's not even the DMCA (Score:2)