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Is selling MAME (commercially) illegal?

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Zebidee:

Sorry to be difficult. But ...

Mentioning ebay as a marketplace is hardly mentioning a location as it is a ubiquitous marketplace.  Stating that, for example, John Does' shop in LA, Cal. sells them would be a different story.

The other aspect to this is that ebay policies have a macro-scale effect, so this is why I want to discuss the issue of illegal sale of emulators on this popular and world-wide marketplace.  That is, policies adopted by ebay can influence worldwide legal standards.

BTW, this is a public forum even if the servers are privately owned and controlled.

And the free speech argument is an ethical one, not a legal one, so don't start consititutional stuff at me.  It ain't my constitution anyway.



saint:

What Cheffo said :)

Onyx_PghPA:

I'd have to say it's definitely illegal, considering a quick peek at MAME's distribution license gives us this:

" Redistribution and use of this code or any derivative works are permitted provided that the following conditions are met:

    * Redistributions may not be sold, nor may they be used in a commercial product or activity."

Of course, if for some reason MAME wasn't copyrighted...

"Copyright © 1997-2007, Nicola Salmoria and the MAME team
All rights reserved."

...ah, never mind!  :-)


Onyx

Zebidee:


--- Quote from: saint on October 12, 2007, 08:56:37 am ---What Cheffo said :)

--- End quote ---

Well, I guess as you are the boss then

the political decision would be for me to get off my soap box and go home.  :blah:  :blah:  :blah:

cheers guys

CheffoJeffo:


--- Quote from: Zebidee on October 12, 2007, 08:54:40 am ---The other aspect to this is that ebay policies have a macro-scale effect, so this is why I want to discuss the issue of illegal sale of emulators on this popular and world-wide marketplace.  That is, policies adopted by ebay can influence worldwide legal standards.
--- End quote ---

Interesting thought and I would love to hear the discussion, although since eBay's TOS specifically prohibits the sale of these items and eBay regularly removes them (but I note is far from perfect in that regard), I'm not sure what the influence on legal standards would be. I do note that some governments are starting to hold eBay more accountable -- both the Canadian and US tax authorities are requiring eBay to release financial information about sellers to ensure compliance with tax requirements.

EDIT: My commentary about the TOS and legality applies to my North American experience only. Other jurisdictions may vary.


--- Quote from: Zebidee on October 12, 2007, 08:54:40 am ---BTW, this is a public forum even if the servers are privately owned and controlled.
--- End quote ---

Not really -- posting here is a privilege, not a right.


--- Quote from: Zebidee on October 12, 2007, 08:54:40 am ---And the free speech argument is an ethical one, not a legal one, so don't start consititutional stuff at me.  It ain't my constitution anyway.

--- End quote ---

Um, you cited the US Constitution and I simply noted that it didn't apply in the context that you suggested. It ain't my constitution either.  :P



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