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Karagin
Imperial Karagin Army
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Gunslinger Patch
Royal Black Watch Regiment
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 Posted: 06-Jun-2002 03:12 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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I read the one about the CDs. Man if the music industry really is going to start putting out music CDs that screw up any computer drive you put them in, then this is war. If they really do that, sooner or later they will be sued into the ground for damages deliberately inflicted by their music CDs.
In a related note. Earlier tonight my niece told me to be wary of downloading any Mettalica songs. She said rumor has it the band is hiding viruses in them to get even with the music pirates.
[ This Message was edited by: Gunslinger Patch on 2002-06-06 03:13 ]
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Kraken
Federated Suns
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| Posted: 06-Jun-2002 09:43 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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When did revenge against pirates become computer-hazardous? It was only last year when it was a big rumor that Barenakedladies 'released' a special cut of a song aboard one of those sites that dead-ended halfway through before you heard the lead singer telling you to buy their album before the band began laughing at you.
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chihawk
Clan Blood Spirit
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| Posted: 06-Jun-2002 13:31 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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On 2002-06-06 03:12, Gunslinger Patch wrote:
I read the one about the CDs. Man if the music industry really is going to start putting out music CDs that screw up any computer drive you put them in, then this is war. If they really do that, sooner or later they will be sued into the ground for damages deliberately inflicted by their music CDs.
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Good luck with whomever wastes their money suing them. If you're clearly warned what will happen if you misuse thier product and it does happen you'll be laughed out of court.
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In a related note. Earlier tonight my niece told me to be wary of downloading any Mettalica songs. She said rumor has it the band is hiding viruses in them to get even with the music pirates.
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2 words: Urban Legend.
Not even going to waste the time to search for that one on the reference sites...
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Hardware
Clan Ghost Bear
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| Posted: 06-Jun-2002 14:07 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Actually putting out a CD that will frag a computer CD drive falls under an intentional tort, i.e. intending to harm someone or something. It is like having "beware of dog" signs on your property. If someone jumps the fence and gets bitten, you're still liable. It is a strict liability issue. Depending on the state the manufacturer, distibutor and sale outlet can all be named as defendants in the suit. Isn't the law grand?
However, this sort of thing is more likely to be prosecuted as a class action suit. Which means that Joe Sixpack isn't going to see a dime. He'll probably get a coupon for a replacement drive.
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chihawk
Clan Blood Spirit
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| Posted: 06-Jun-2002 14:30 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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You can't sue the electric company if you stick a fork into a light socket and are injured. Nor could you sue the maker of the fork.
Why not? Because of something called "Assumption of the risk", in which you know the risk of your action and do it anyway.
If record companies clearly indicate that their CDs are not meant to be used in computers and that damge will result and you put that CD in your drive you have "assumed the risk" of doing so.
The "Beware of Dogs" sign isn't a good analogy becaise 1)you are always responsible for things that happen on your property, and 2)that sign is there to frighten people more than to warn them--just like the folks with the ADT signs on their lawns. A good thief still gets what he wants before the police arrive...and he'll be thanking you for alerting him you have an alarm!
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Karagin
Imperial Karagin Army
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| Posted: 06-Jun-2002 14:35 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Chichawk, try shooting the theif who breaks in your house...and see if he doesn't sue you into chapter 11. I remember a news story back around 1994 or so about a cabbie that saw a guy beating the crap out of a lady for her purse so he rams the theif with his cab...well the theif sues him and the cab company and wins.
Someone will find away to turn the tables on the record companies over the CDs setup to harm the computer CD-ROM drives.
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Karagin
Only the dead have seen the end of war. - Plato
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chihawk
Clan Blood Spirit
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| Posted: 06-Jun-2002 14:58 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Perhaps the law in Michigan is significantly different than the other 49, but you can shoot an intruder in your house if you can prove that you (or any member of your family)can't escape or that your (or any member of your family's) life is in danger. And in nearly every state if your shooting is called "justified" you can't be sued for your actions.
The cab story is probably true, but also not relevant. The cab driver's life was not in danger so he is not allowed to use his cab as a "weapon". If he'd left his cab and defended that woman using non-lethal force (a vehicle is a lethal weapon) he'd have been fine, and in most states covered by the "Good Samaritan" laws which prevent a suit from being filed against him.
In many states lawyers that bring frivolous lawsuits can themselves be sued for up to 1000x the amount they were seeking. Very few frivolous lawsuits in those states. 
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Karagin
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| Posted: 06-Jun-2002 15:40 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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I have Emimen CD and no where on it does it have a warning about it might or will cause harm to your computer.
And both examples are revalvent. Since in both cases the actions of one allows the other to sue.
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Karagin
Only the dead have seen the end of war. - Plato
"Wasted trip Man. Nobody said nuthin' about lockin' horns with no tigers." Oddball
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chihawk
Clan Blood Spirit
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| Posted: 06-Jun-2002 16:19 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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On 2002-06-06 15:40, Karagin wrote:
I have Emimen CD and no where on it does it have a warning about it might or will cause harm to your computer.
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Please point out in either article posted where it says that Eminen's CD WILL crash your PC.
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And both examples are revalvent. Since in both cases the actions of one allows the other to sue.
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No, the overaction of one allows the other to sue. In my example, if your action is deemed "justified" then you can't be sued. Period.
In your example the cab driver's action was
not legally justified, and as such was liable for his actions.
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[ This Message was edited by: chihawk on 2002-06-06 16:19 ]
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Karagin
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| Posted: 06-Jun-2002 16:25 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Read the article again, the part about the protection causes the CD-ROM to lock up and thus forcing the person to either buy a new one or have original repaired to get the CD.
As you said if there is a warning on the CD then it's the user's fault, to which I pointed out there is NO warning on his CD or anyother for that matter.
It works like this, you shot the theif he falls out the window, you can get sued. If he falls in the house you can't. All of the local law enforcement folks I have talked to have always said make damn sure the burglar is in the house when you shoot him or her.
The cabbie was trying to help the lady out. Right or wrong I am sure the lady was greatful for the help. And given that the whole CD protection thing is set up to give the blue screen of death, one wonders to what lengths they will go to break this protection and thus harsh measures come about.
End result as the article was saying is the consumer pays in the end and can not enjoy the legale purchased CD they way they want to. Or did you miss that part?
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Karagin
Only the dead have seen the end of war. - Plato
"Wasted trip Man. Nobody said nuthin' about lockin' horns with no tigers." Oddball
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chihawk
Clan Blood Spirit
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| Posted: 06-Jun-2002 16:31 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Since you didn't post where in the article is says that the Eminem CD WILL damage your drive and you've ignored everything else I've typed I'll borrow a phrase Camille has used before...
I accept your surrender.
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Karagin
Imperial Karagin Army
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| Posted: 06-Jun-2002 16:33 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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Hello...it's at the end of the article and mention earlier in the article.
Did you even read the articles?
If anyone needs to surrender it is you.
But since you won't admit you missed it here it is:
And I quote:
Quote:
| Apple recently was forced to release a technical brief on problems which can cause mac based systems to need to be brought in for physical repair if CD's with similar technology are simply attempted to be played in them. Quite simply, not only do these CD's cause the computer to crash but upon reboot you receive a blue screen and the machine can not easily eject the CD which it needs to to simply boot up correctly again. MacAddict records consumers feelings on this situation excellently here.
While Eminem's new video makes me laugh repeatedly, (a sneak peak of it can be checked out on NME.com BTW kiddies I am not laughing at the idea of simple audio CD's potentially destroying the stability of my computing environment.
What do you think, if you purchased the new Eminem CD and it would not play for you in you PC and potentially cost you a repair bill to simply eject it again from your mac would you want to return the CD and get your money back from the purchase of what essentially is a virus to your computer's operating stability? Perhaps it is time we show that we demand our fair use rights with the music which we legally pay for in the only system provided to us currently.
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Now does that spell it out for you or not? It's clear that the CD has the potentional to damage the CD Drive and that is spelled out in clear English.
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Karagin
If you can strike few with many, you will thus minimize the number of those with whom you do battle.
[ This Message was edited by: Karagin on 2002-06-06 16:35 ]
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Karagin
Only the dead have seen the end of war. - Plato
"Wasted trip Man. Nobody said nuthin' about lockin' horns with no tigers." Oddball
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Gangrene
Federated Suns
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| Posted: 06-Jun-2002 16:47 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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On 2002-06-06 15:40, Karagin wrote:
I have Emimen CD and no where on it does it have a warning about it might or will cause harm to your computer.
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So did the new Eminem CD crash your computer? From what I read it sounds like it only locks up macs. Of course, if you use a mac you probably deserve it anyway 
BTW, about the intruder getting shot and suing you into chapter 11 . . . methinks you need to be a better shot or put a couple more bullets into the clip.
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Karagin
Imperial Karagin Army
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| Posted: 06-Jun-2002 17:02 Post subject: Ban Felt Tip Pens!!!!!!!!!! |
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It didn't mess mine up, but then again I use a PC.
As for the shooting the prepp...well let's just say I have not had to deal with that one yet. But I don't have to worry since the M1911 ACP should allow me the one or two shots needed to keep his behind on the floor till the cops get there. That or my attack Beagle will slobber him to death.
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Karagin
Only the dead have seen the end of war. - Plato
"Wasted trip Man. Nobody said nuthin' about lockin' horns with no tigers." Oddball
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