Is it Piracy? Or is it Fairness?
Ever since file sharing became popular, which is about the same time after the dialup 56K era bit the dust, copywrite laws have been deemed a joke. Case by case, judges have been changing up their strategies on how to rule each particular case. First you can't have backups. Then you can have backups with having proof of purchase. Then there was no way to prove a proof of purchase in order to charge anybody without beyond reasonable doubt.
Essentially, attorneys and judges have tinkered around with the copywrite laws so much, the average citizens are confused as to what is right and what is wrong. Something needs to be done.
Here are a few senarios as to how people take advantage of this situation, including both athorities and offenders:
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Nintendo Wii Backup Launcher
With the release of WiiGator's Backup Launcher v0.3 Gamma, nothing could be easier than installing, downloading, burning and playing almost any Wii title on the market. Nintendo even had tips from annonymous users on how the launcher is programmed and how it could be stopped. Nintendo refused to comply and ignored all pirating threats. Bad move on Nintendo's part, because next to PC, the DS and Wii are the most pirated and hacked consoles in the history of gaming.
There may be a reason why Nintendo doesn't bother filing suits against individuals who pirate their software. Let's take Tony, for example. Tony recently installed v0.3 via Twighlight hack in order to launch his downloaded games. According to modern law, you may have as many backups as you want, as long as you have purchased the original. When the authorities knocked on Tony's door, they told him he was being held in custody on charges of copywrite infringement.
In the coutroom now, Tony defends himself by saying that he had bought all 50 titles that he had later downloaded for backup purchases. The day before, he exclaims, his car was robbed and all his Nintendo games had been taken along with it. All receipts had been discarded as well.
As the judge, of course you can't believe that is what happened. However, it's not up to the judge - it's up to the law. Since Tony made that statement, and no one can prove beyond a resonable doubt otherwise, Tony is free from all charges. The only side that loses is the prosecution.
Playstation 3 and Xbox360 owners think twice about hacking their systems why? First of all, Microsoft and Sony know hardware much better than Nintendo does, so programmers are trained to make it very difficult to hack, via firmware updates. Both PS3 and Xbox 360 owners are forced to update if they want to continue using their online networks. Nintendo provides firmware updates, but they are programmed so poorly that the next day after the firmware release, it is already hacked by someone else.
Nintendo also does not have a great network unlike PSN and XBL, so there's no loss for Wii hackers anyway.
DRM Widespread of Software
The biggest offenders of software developers is indeed gaming companies, especailly Microsoft. Noth only does Microsoft produce software games, but more obvious and important, software programs. This includes the very pricey Office and Operating Systems.
What is fair - and our government needs to fix this - is that once you purchase, ie, Office 2007, you should be able to install it on as many computers as you'd like; but of course this isn't how it is. Same goes for Vista. You should only have to buy software once.
On the gaming side, there are the multiplatform games. For example, if Tony purchases Dead Space on his PS3 and his PS3 breaks, shouldn't he be allowed to download Dead Space on his PC free of charge? Why get charged for the same .iso file twice?
Hackers aren't all that bad. Good ones anyway... They use their knowledge to practice rightful behaviours in this mess we call American Law.
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