Build Your Own Arcade Controls Forum
Main => Everything Else => Topic started by: mimic on March 04, 2011, 12:30:23 am
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Out of curiosity. Is owning (purchasing) a bootleg legal? I know distribution is illegal, but how about purchasing/downloading a bootleg knowingly or unknowingly? I don't think anyone's gonna sue anyone over buying a Prada bag knock-off (even knowingly.) How about digital knock offs?
I thought 47 U.S.C 605 deals with that, but that's only with sat telecomunication. Anyone can cite the law? (US)
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Why, you need a new purse?
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To go with the new dress.
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Are you purchasing bootlegs?!?!?!?! We need to talk to someone about this and get you taken care of. Don't worry you get one hour of outdoor time and three meals a day!
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You shouldn't buy bootlegs, besides the legal and moral issues, they are typically crap.
Buying a bootleg, even unknowingly, is indeed illegal since ignorance of the law in the US doesn't exclude you from guilt. (In other words if you do something illegal and didn't know it, that doesn't mean you can't be convicted.) Practically speaking though you aren't going to get sued over it unless you are running an arcade or something and the original manufacturer catches you. Typically speaking, much like with pirated music and software, they tend to go after the one making the bootlegs and selling them instead of those who buy them.
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Yup, it's it's illegal, you are buying stolen intellectual property. Why buy bootlegs though? They are usually garbage, not to mention that you can buy most games that are older than 6 months for 20 bucks
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That is a really broad question because about anything is bootlegged these days, and depending on what you are talking about, intellectual property might be involved. The US IP laws are pretty darn messed up.
Here is my understanding:
IP law aside, In the US, no, the act of purchasing bootleg goods it isn't illegal, the goods are actually not stolen, so it doesn't fit under the receipt of stolen property law. If it was something like a bag, the seller illegally sold the goods since it was under the guise of a different legitimate product, but for the buyer it would be the same as making your own bag and slapping a prada label on it. There is nothing illegal about it since it is your own product for personal use.
If it is intellectual property, yes it may be considered illegal, because it can be considered receiving stolen goods. It is not a illegal on a federal level unless it is valued at $5000 or more. There are state laws as well, and I think they mostly do not have minimum amounts. Generally the penalty is not overly severe, they take the property away, you make be fined or have to pay for the value of the goods. You won't come across this because it is not physical property, and the owner of the intellectual property is not going to be aware of it to press charges.
When you heard about those big napster lawsuits and such where people were fined millions for sharing music, they were not sued for owning the music, there is no money in that for the RIAA. They were sued for the act of sharing the music, then they could claim that the person who downloaded the music distributed the music as well and was in essence a bootlegger. Here is an example:
http://www.techdirt.com/articles/20101103/22424611712/jammie-thomas-verdict-this-time-it-s-1-5-million-for-sharing-24-songs.shtml (http://www.techdirt.com/articles/20101103/22424611712/jammie-thomas-verdict-this-time-it-s-1-5-million-for-sharing-24-songs.shtml)
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well what if you wanna buy a street fighter II rainbow board? Or is that not considered a bootleg since its edited roms on CPS1 boards?
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I love the rainbow boards, I just recently found out that they were in MAME
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Ha, I First arcade i bought was converted to a SFII and it ended up being a rainbow board inside but i didn't know it. Booted up the game and I didn't know what was what was wrong with it. My character was changed to dalsim on me and and everything seemed to very messed up, even the colors. It took a little while for me to figure out I had a bootleg board and not a damaged board.
Oh wait, is Capcom reading these threads? :-X
:lol
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well what if you wanna buy a street fighter II rainbow board? Or is that not considered a bootleg since its edited roms on CPS1 boards?
Yes and No.
Some rainbows are hacked capcom boards... nothing illegal there. Others are cheap chinese clones that use capcom's programming. Fortunately 90% of your rainbow boards came out of a shop in california and are not bootlegs.
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I love the rainbow boards, I just recently found out that they were in MAME
So the boards are teh ghey? :P
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I'm not asking about moral issue, I'm not buying anything, no new dress or hand bags for me. I'm just simply asking what the USC says, can anyone point me to which paragraph would cover bootlegs owning vs bootlegs distribution.
Some of you guys thinks that just because it seems as it should be illegal, then automatically is illegal, while you might be completly wrong. As I gave you the "prada" example, I don't think anyone's getting arrested for buying a knock off hand bag or a hammer or knock off tv (if such would exsist) etc.
Law guys, can anyone cite the law itself, or not!?
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Here is the legal code about trafficking bootleg goods would be under, but I don't know if there will be mention of owning the goods anywhere since as far as I know it is legal to own bootleg goods.
(Read section 2318 and 2320)
http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_113.html (http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_113.html)
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for people like you I always have one question to ask .............. Who Cares? :dunno :dunno :dunno :tool:
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for people like you I always have one question to ask .............. Who Cares? :dunno :dunno :dunno :tool:
This a typical response to the question posed by the OP.
The funds from buying bootleg copies of goods, like DVDs that are copyrighted, probably go to, very helpful and hardworking individuals (criminals), that help kids get addicted to hardcore narcotics, help support underage prostitution and probably involved in helping fund human trafficking, loan sharking, etc.
So if you see a helpful criminal, and do not report it, who are you helping? ::)
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ark has a point, its better to buy the goods on the up and up, whos profits go to white collar types who use their enormous wealth to buy hard core narcotics, underage prostitutes and other nefarious things...