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[Borodin]

If they say that it can't be bought, then they can't enforce copyright laws in the case abandonia has it for download, because abandonia has not caused them any financial damage...

But you don't have to prove financial damage to enforce a claim of ownership in a court of law--you only have to prove uncontested ownership. As an example, take the late films of Charlie Chaplin, from the 1940s onwards. He never released the rights on these after their initial screenings. He wasn't making any money on them as a result, but he (and later, his estate) quickly issued injunctions against any movie theater that tried to revive them. They were only shown again after the rights finally lapsed.

Mind, I'm not saying Lucasarts would automatically do that. But any abandonware board has to ask itself this question, when they go up against a multi-billion dollar corporation that protects its own copyrights eagerly: do you feel lucky today, punk?

[mouse31e]

Originally posted by Razor2@Jan 1 2005, 12:31 PM
I think the solution would be that someone sends a message to lucasarts, and asks them where he can buy MI1 or 2. Of couse, he must not mention abandonia.

If they say that it can't be bought, then they can't enforce copyright laws in the case abandonia has it for download, because abandonia has not caused them any financial damage, which can be the basis for a lawsuit. (that's the law in most countries in Europe) So they can say that we violated the law, but no court in Europe will deal with it.

Lucas Arts are already saying it is not available. That would not make any difference at all legally. Unless we have permission from the copyright holder, it is technically illegal to offer the game for download.

Also, it could be taken as financially damaging as we have no idea what they intend to do with the game next. Maybe there is a box set of Monkey Island games coming out next christmas! If everyone has already downloaded the games from here, they would not sell as many copies! That is why it is best to wait until a game has been off the shelves for a while so you can see whether they have really stopped selling it!

[Razor2]

Anyway Lucasarts can have the best lawyers money can buy, but they won't even come near a lawsuit in the EU, in the case they can't prove that abandonia caused them x $ damage. That should be hard to prove if the game can't be bought. So I doubt they would try.

I don't know about US laws, maybe there is no such basis for a lawsuit, and anybody can be sued without proof that he had caused financial damage.

[Razor2]

By the way I would buy MI1 if I could, but unfortuately even as lucasarts sold it a few months ago, they only shipped it within the US and Canada.

[mouse31e]

The problem is that it wouldn't be about financial damage - it would be a criminal proceeding because a crime has been commited. That means any court in any country in the world would deal with it!

[QBiN]

Originally posted by Razor2@Jan 1 2005, 12:57 PM
By the way I would buy MI1 if I could, but unfortuately even as lucasarts sold it a few months ago, they only shipped it within the US and Canada.

Well, it appears you don't have to wait any longer. Classic Gaming Archive seems to be the first major site to have put it up on the web... Both Monkey1 and Monkey2. :Brain:

At worst, we can slowly trail them to see if they take any heat for it.

[Squalidangel]

I was reading a few different threads about monkey island. I went to 'get it' but it said 'buy it'. I thought this was strictly an abandonware site..or are there exceptions. I didn't understand all the legal stuff on this thread. So if that explained why. I am sorry but I still don't get it. :blink:

[Borodin]

Originally posted by QBiN+Jan 3 2005, 04:20 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (QBiN @ Jan 3 2005, 04:20 AM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Razor2@Jan 1 2005, 12:57 PM
By the way I would buy MI1 if I could, but unfortuately even as lucasarts sold it a few months ago, they only shipped it within the US and Canada.

Well, it appears you don't have to wait any longer. Classic Gaming Archive seems to be the first major site to have put it up on the web... Both Monkey1 and Monkey2. :Brain:

At worst, we can slowly trail them to see if they take any heat for it. [/b][/quote]
I was just up there, and neither game is listed. Searched on both the developer, and also all adventure games for the PC.

[QBiN]

Originally posted by Borodin@Jan 3 2005, 05:59 AM
I was just up there, and neither game is listed.* Searched on both the developer, and also all adventure games for the PC.

On further inspection, I was mistaken. I did see Monkey1 and 2, but it wasn't on CGA. It was on a foreign website that isn't in English nor a language I recognize readily.

Here's the URL to the Monkey Island games on that page. I cannot vouch for what type of site it is, though it seems to be a legit Abandonware site. I wish I could read more of the site to find out what they are all about.

Modified by Omuletzu
Reason: Direct linking to warez!

[mouse31e]

Originally posted by Squalidangel@Jan 3 2005, 04:34 AM
I was reading a few different threads about monkey island. I went to 'get it' but it said 'buy it'. I thought this was strictly an abandonware site..or are there exceptions. I didn't understand all the legal stuff on this thread. So if that explained why. I am sorry but I still don't get it. :blink:

There are a few games that are so good they deserve a mention on the site but they are not abandoned so they aren't offered for download. Instead there is a link to a place where you can buy them (except at the moment you can't buy Monkey Island, hence the discussion!).