Game Console Modification Chips: the Effect of Fair Use and the D
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Understanding Microsoft Virtualization Solutions Ebook
MICROSOFT LICENSE TERMS MICROSOFT EBOOK These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the licensed content named above, which includes the media on which you received it, if any. By using the licensed content, you accept these terms. If you do not accept them, do not use the licensed content. If you comply with these license terms, you have the rights below. 1. OVERVIEW. Licensed Content. The licensed content includes the eBook and associated media. License Model. The licensed content is licensed on a per user per device basis. 2. INSTALLATION AND USE RIGHTS. a. General. One user may install and use one copy of the licensed content on a single computer. b. Portable Device. You may install an additional copy of the licensed content on a portable device for the exclusive use of the primary user of the first copy of the licensed content. 3. SCOPE OF LICENSE. The licensed content is licensed, not sold. This agreement only gives you some rights to use the licensed content. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the licensed content only as expressly permitted in this agreement. You agree Not to make copies of the licensed content; Not to distribute, rent, lease, lend, reproduce, transit, adapt, modify, link to, post, forward, make derivative works based upon, disseminate, publish or sublicense the licensed content or combine the licensed content with -
Computer Game Mods, Modders, Modding, and the Mod Scene
Computer Game Mods, Modders, Modding, and the Mod Scene Walt Scacchi Institute for Software Research and Center for Computer Games and Virtual Worlds University of California, Irvine 92697-3455 USA March 2010 Abstract Computer games have increasingly been the focus of user-led innovations in the form of game mods. This paper examines how different kinds of socio-technical affordances serve to organize the actions of the people who develop and share their game mods. The affordances examined include customization and tailoring mechanisms, software and content copyright licenses, game software infrastructure and development tools, career contingencies and organizational practices of mod teams, and social worlds intersecting the mod scene. Numerous examples will be used to ground this review and highlight how such affordances can organize, facilitate or constrain what can be done. Overall, this study helps to provide a deeper understanding of how a web of associated affordances collectively serve to govern what mods get made, how modding practices emerge and flourish, and how modders and the game industry serve each others' interests, though not always in equivocal terms. Introduction Computer game mods are a leading form of user-led innovation in game design and game play experience. But modded games are not standalone systems, as they require the user to have an originally acquired or authorized copy of the unmodded game. Thus, there are questions of not only who creates what and who owns such modified games, but also whether or how the practice of game modding is controlled or governed by external parties to ultimately exploit the efforts of game modders. -
Locating and Extracting Digital Evidence from Hosted Virtual Desktop Infrastructures: Cloud Context
Locating and Extracting Digital Evidence from Hosted virtual desktop Infrastructures: Cloud Context NIRBHAY JAWALE B.C.I.S (AUT University) New Zealand A thesis submitted to the graduate faculty of Design and Creative Technologies AUT University in partial fulfilment of the Requirements for the degree of Master of Forensic Information Technology School of Computing and Mathematical Sciences Auckland, New Zealand 2010 II Declaration I hereby declare that this submission is my own work and that, to the best of my knowledge and belief, it contains no material previously published or written by another person nor material which to a substantial extent has been accepted for the qualification of any other degree or diploma of a University or other institution of higher learning, except where due acknowledgement is made in the acknowledgements. ........................... Signature III Acknowledgements This thesis was conducted at the Faculty of Design and Creative Technologies in the school of Computing and Mathematical Sciences at AUT University, New Zealand. During the course of writing this thesis, I have received a valuable support from many people. Firstly, I would like to thank my family for their blessings, encouragement and believing that I could get through this study. Secondly, I am deeply thankful and honored by having Professor Ajit Narayanan as my thesis supervisor. This thesis would not have been possible without his guidance, encouragement and interest; he took to supervise my thesis topic. I very much enjoyed the critical discussions and comments on my research topic with Professor Ajit Narayanan, this thesis would not have been in the present form without his valuable contribution. -
2004 February
February 2004 Games and Entertainment Megan Morrone Today you can use the same machine to organize your finances, create a presentation for your boss, and defend the Earth from flesh-eating aliens. But let’s be honest: Even with the crazy advances in software, organizing your finances and creating a presentation for your boss are still not half as much fun as defending the Earth from flesh-eating aliens.That’s why we’ve devoted the entire month of February to the noble pursuit of games and entertainment for PCs, Macs, game consoles, and PDAs. I know what you’re thinking.You’re thinking that you can skip right over this chapter because you’re not a gamer. Gamers are all sweaty, pimpled, 16-year-old boys who lock themselves in their basements sustained only by complex carbohydrates and Mountain Dew for days on end, right? Wrong.Video games aren’t just for young boys anymore. Saying you don’t like video games is like saying you don’t like ice cream or cheese or television or fun.Are you trying to tell me that you don’t like fun? If you watch The Screen Savers,you know that each member of our little TV family has a uniquely different interest in games. Morgan loves a good frag fest, whereas Martin’s tastes tend toward the bizarre (think frogs in blenders or cow tossing.) Kevin knows how to throw a cutting-edge LAN party,while Joshua and Roger like to kick back with old-school retro game emulators. I like to download free and simple low-res games that you can play on even the dinkiest PC, whereas Patrick prefers to build and rebuild the perfect system for the ultimate gaming experience (see February 13).And leave it to Leo to discover the most unique new gaming experience for the consummate early adopter (see February 1). -
Microsoft Corporation As Amicus Curiae in Support of Petitioner ————
No. 18-956 IN THE Supreme Court of the United States ———— GOOGLE LLC, Petitioner, v. ORACLE AMERICA, INC., Respondent. ———— On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit ———— BRIEF OF MICROSOFT CORPORATION AS AMICUS CURIAE IN SUPPORT OF PETITIONER ———— LISA W. BOHL JEFFREY A. LAMKEN MOLOLAMKEN LLP Counsel of Record 300 N. LaSalle St. MICHAEL G. PATTILLO, JR. Chicago, IL 60654 MOLOLAMKEN LLP (312) 450-6700 The Watergate, Suite 660 600 New Hampshire Ave., NW LEONID GRINBERG Washington, DC 20037 MOLOLAMKEN LLP (202) 556-2000 430 Park Ave. [email protected] New York, NY 10022 (212) 607-8160 Counsel for Amicus Curiae :,/621(3(635,17,1*&2,1&± ±:$6+,1*721'& TABLE OF CONTENTS Page Interest of Amicus Curiae ......................................... 1 Summary of Argument ............................................... 3 Argument ...................................................................... 6 I. Innovation in Today’s Computer Industry Depends on Collaborative Development and Seamless Interoperability—Both of Which Require Reuse of Functional Code .............................. 7 A. Innovation in the Modern Computer Industry Relies on Collaborative Development ..................... 7 B. Interoperability Is a Key Component of Technological Innovation Today ....................................... 10 C. Reuse of Functional Software Code, Including APIs, Is Critical To Promoting Collaborative Development and Interoperability ......... 12 II. Courts Have Long Applied a Flexible Fair Use Doctrine To Address Software’s Unique Nature ............................. 15 A. Software’s Collaborative and Functional Elements Distinguish It from Traditional Creative Works Subject to Copyright Protection ............. 16 B. A Flexible Fair Use Doctrine Is Essential To Promoting Collaboration and Interoperability in Modern Software Development— As Courts Have Long Recognized .......... 18 (i) ii TABLE OF CONTENTS—Continued Page C. -
SCRAPING PHOTOGRAPHS Maggie King
SCRAPING PHOTOGRAPHS Maggie King INTRODUCTION ................................................................ 188 I. TECHNICAL BACKGROUND ON SCRAPING ................................... 190 A. How to Scrape a Photograph ....................................... 190 B. Why Scrape a Photograph? ......................................... 192 II. THE LAW OF SCRAPING ................................................... 193 A. CFAA Claims ......................................................... 194 1. CFAA Background: Ambiguous Statutory Language ......... 194 2. CFAA Scraping Claims in Caselaw .............................. 195 B. Contract Claims ..................................................... 197 C. Copyright Claims .................................................... 198 III. SCRAPING PHOTOGRAPHS ............................................. 200 A. Copyright and Photographs ........................................ 201 1. Analogous scraping activities are fair use ..................... 202 2. Face Scans are not protectible derivative works. ............ 203 B. Data Ownership ..................................................... 205 1. Non-exclusive licenses bar platforms from asserting claims for user-generated data ............................................... 205 2. Paths to asserting user claims directly ........................ 206 IV. UNRESTRICTED SURVEILLANCE AND STRONGER PROTECTIONS FOR CYBERPROPERTY .............................................................. 207 CONCLUSION ................................................................. -
Copyright and Copy-Reliant Technology. Matthew As G Loyola University Chicago, [email protected]
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2009 Copyright and Copy-Reliant Technology. Matthew aS g Loyola University Chicago, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law Commons Recommended Citation Sag, Matthew, Copyright and Copy-Reliant Technology,103 NU L.R. 1607 (2009) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Copyright 2009 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 103, No. 4 COPYRIGHT AND COPY-RELIANT TECHNOLOGY Matthew Sag* INTRODUCTION ........................................................................................................... 1607 I. COPY-RELIANT TECHNOLOGIES AND THE INTERNET ............................................ 1610 A. New Technologies, Copyright Markets, and Copyright Law ..................... 1611 B. Four Case Studies of Copy-Reliant Technology ........................................ 1616 II. THE DOCTRINAL IMPLICATIONS OF NONEXPRESSIVE USE .................................... 1624 A. The Principle of Nonexpressive Use ......................................................... 1624 B. Doctrinal Incorporation of Nonexpressive Use ......................................... 1639 C. Fair Use and Nonexpressive Use ............................................................. -
Rethinking Anticircumvention's Interoperability Policy
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2009 Rethinking Anticircumvention's Interoperability Policy Aaron K. Perzanowski Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Intellectual Property Law Commons Repository Citation Perzanowski, Aaron K., "Rethinking Anticircumvention's Interoperability Policy" (2009). Faculty Publications. 44. https://scholarlycommons.law.case.edu/faculty_publications/44 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Rethinking Anticircumvention’s Interoperability Policy Aaron K. Perzanowski* Interoperability is widely touted for its ability to spur incremental innovation, increase competition and consumer choice, and decrease barriers to accessibility. In light of these attributes, intellectual property law generally permits follow-on innovators to create products that interoperate with existing systems, even without permission. The anticircumvention provisions of the Digital Millennium Copyright Act (“DMCA”) represent a troubling departure from this policy, resulting in patent-like rights to exclude technologies that interoperate with protected platforms. Although the DMCA contains internal safeguards to preserve interoperability, judicial misinterpretation and narrow statutory text render those safeguards largely ineffective. One approach to counteracting the DMCA’s restrictions on interoperability is to rely on antitrust scrutiny and the resulting mandatory disclosure of technical information. However, both doctrinal and policy considerations suggest that antitrust offers a less than ideal means of lessening the DMCA’s impact on interoperability. -
Copy Protection Wars: Analyzing Retro and Modern Schemes Disk
Copy Protection Wars: Analyzing Retro and Modern Schemes Copy Protection Wars: Analyzing Retro and Modern Schemes Nate Lawson Cryptography Research, Inc. Hackers & Threats II (1450) February 6 th , 2007 Which copy protection era are you? Disk drive…? 2006 1996 1986 Copyright © 2006-2007 Cryptography Research, Inc. 1 Copy Protection Wars: Analyzing Retro and Modern Schemes Which copy protection era are you? Modchip…? 2006 1996 1986 (Xbox360) (Sony PS1) (Commodore 1541 floppy) Which copy protection era are you? ANSI…? 2006 1996 1986 Copyright © 2006-2007 Cryptography Research, Inc. 2 Copy Protection Wars: Analyzing Retro and Modern Schemes Which copy protection era are you? Monitor…? 2006 1996 1986 Who am I? • Co-designer of the Blu-ray disc content protection layer (Cryptography Research) • Designer of ISS RealSecure network intrusion detection system • FreeBSD committer since 2002 — Author/maintainer of power management and ACPI kernel code, SCSI and USB • Contributor to C64 Preservation Project — Software for imaging original floppies and replicating copy protection schemes bit-for-bit Copyright © 2006-2007 Cryptography Research, Inc. 3 Copy Protection Wars: Analyzing Retro and Modern Schemes Why does the past matter? • Approaches are still the same as for C64 — Killer tracks = LaserLock CD/DVD protection — Track-to-track alignment = Xbox1/360 sector skew checks — Custom GCR encoding = ECC tricks, weak sectors • Many modern hackers linked to C64 scene — commodore4eva: Xbox360 drive firmware hacks — Michael Steil: Xbox1 MIST PCI hack = ? Legal support for retro-hacking • Excluded from DMCA anti-circumvention clause — Library of Congress ruling (every 3 years) • Copyright protection still applies so you must have original media • Seek legal advice before circumventing any protection — I’m not your lawyer! Exemptions: 2. -
Hacking the PSP™
http://videogames.gigcities.com 01_778877 ffirs.qxp 12/5/05 9:29 PM Page i Hacking the PSP™ Cool Hacks, Mods, and Customizations for the Sony® PlayStation® Portable Auri Rahimzadeh 01_778877 ffirs.qxp 12/5/05 9:29 PM Page i Hacking the PSP™ Cool Hacks, Mods, and Customizations for the Sony® PlayStation® Portable Auri Rahimzadeh 01_778877 ffirs.qxp 12/5/05 9:29 PM Page ii Hacking the PSP™: Cool Hacks, Mods, and Customizations for the Sony® PlayStation® Portable Published by Wiley Publishing, Inc. 10475 Crosspoint Boulevard Indianapolis, IN 46256 www.wiley.com Copyright © 2006 by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada ISBN-13: 978-0-471-77887-5 ISBN-10: 0-471-77887-7 Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 1B/SR/RS/QV/IN No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, (317) 572-3447, fax (317) 572-4355, or online at http://www.wiley.com/go/permissions. -
Matthew Sag* Abstract This Article Studies the Rise
COPYRIGHT AND COPY-RELIANT TECHNOLOGIES Matthew Sag* Abstract This article studies the rise of copy-reliant technologies – technologies such as Internet search engines and plagiarism detection software that, although they do not read, understand or enjoy copyrighted works, necessarily copy them in large quantities. This article provides a unifying theoretical framework for the legal analysis of topics that tend to be viewed discretely. Search engines, plagiarism detection software, reverse engineering and Google’s nascent library cataloging effort, are each part of a broader phenomenon brought about by digitization, that of copy-reliant technologies. These technologies raise two novel, yet central, questions of copyright law. First, whether a non-expressive use that nonetheless requires copying the entirety of a copyright work should be found to infringe the exclusive rights of the copyright owner. Second, whether the transaction costs associated with copy-reliant technologies justify switching copyright’s default rule that no copying may take place without permission to one in which copyright owners must affirmatively opt-out of specific uses of their works. Keywords: Internet, Copyright, Non-expressive use, Opt-out, Fair use, Transaction costs. Word-count: 34,987. * Visiting Assistant Professor, University of Virginia School of Law & Assistant Professor, DePaul University College of Law. Please address comments to [email protected]. Thanks to Tonja Jacobi, Adam Mossoff, Dotan Oliar, Glen Robinson, and Christopher Sprigman and to participants at the American Intellectual Property Law Association Annual Meeting, and the Intellectual Property Scholars Conference for their comments and suggestions. Special thanks to the University of Virginia School of Law Library staff for their invaluable assistance. -
Entertainment Software Association
Long Comment Regarding a Proposed Exemption Under 17 U.S.C. 1201 [ ] Check here if multimedia evidence is being provided in connection with this comment Item 1. Commenter Information The Entertainment Software Association (“ESA”) represents all of the major platform providers and nearly all of the major video game publishers in the United States.1 It is the U.S. association exclusively dedicated to serving the business and public affairs needs of companies that publish computer and video games for video game consoles, personal computers, and the Internet. Any questions regarding these comments should be directed to: Cory Fox Simon J. Frankel Ehren Reynolds Lindsey L. Tonsager ENTERTAINMENT SOFTWARE ASSOCIATION COVINGTON & BURLING LLP 575 7th Street, NW One Front Street Suite 300 35th Floor Washington, DC 20004 San Francisco, CA 94111 Telephone: (202) 223-2400 Telephone: (415) 591-6000 Facsimile: (202) 223-2401 Facsimile: (415) 591-6091 Item 2. Proposed Class Addressed Proposed Class 19: Jailbreaking—Video Game Consoles Item 3. Overview A. Executive Summary Proposed Class 19 is virtually identical to the video game console “jailbreaking” exemption that the Librarian denied in the last rulemaking proceeding. As in the last proceeding, “the evidentiary record fail[s] to support a finding that the inability to circumvent access controls on video game consoles has, or over the course of the next three years likely would have, a substantial adverse impact on the ability to make noninfringing uses.”2 Proponents offer no more than the same de minimis, hypothetical, 1 See http://www.theesa.com/about-esa/members/ (listing ESA’s members).