Reply to post: Re: "free games"

I got 99 secure devices but a Nintendo Switch ain't one: If you're using Nvidia's Tegra boot ROM I feel bad for you, son

ds6 Bronze badge

Re: "free games"

While I agree with you that users should be allowed more freedom with the hardware they own, you can't have "real" property rights for something you don't own and control.

For your house analogy, you willingly bought a part of the house that was not owned by Burger King; while on a base level that is applicable to the kinds of situations you are in when purchasing a locked-down piece of hardware with a software store, it is not representative of the legal side of things when applied to the software it runs, and I feel it is a dishonest and distracting comparison.

"Real property rights" imply you have access to and ownership over the property. A digital game that can be copied infinitely, therefor, cannot be subject to the same terms from a rational point of view. In worst case scenario if IP rights didn't exist and a company has an exploitable license or none at all, judges could potentially rule in favor of the end-user if they were to buy a copy of a game and resell their own copies. Doea that seem right? Not reselling your legally purchased game disc, but infinitely distributable digital copies?

Intellectual property rights exist because of that possibility, to protect the company distributing its easily duplicatable software. And even if IP didn't exist, it is usually described clearly in the legal terms that you agree to before sale of games or other software that you are not buying any rights or property ownership of the game, its content, or its copyright: you are buying a license granting you access to use and play the game, which is still owned in full by the company. That is what is meaned when you click "Buy" and what the company means when they say they are "selling" to you.

If you really want to live in a world where once you distribute your cool creation digitally you are not legally protected and people can do whatever they want with it even against your wills or licensing, keep me far away from it. I would be the first person to license my software under BSD 3-clause, but I would also ge the first to defend the declared and desired rights of others, because not everyone wants to give their hard work away for free or wants others to claim it.

Aside, I feel you are a bit fanatical in your presentation, to have the gall to call people that believe in IP laws fanatics!

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