Quote:
Originally Posted by
blenton 
Quote:
Originally Posted by
Bitemarks and bloodstains
No it is not as someone else has to break they EULA to upload the ISO if what you are saying was true then anyone could download music or movies legally from torrents as long as they didn't upload which we all know is not legal.
OP lives in the UK, I believe EU laws apply to you guys as well.
In the EU consumer rights laws say anyone has the right to a backup copy of the software they own the license for.
It
does not matter how the backup copy is obtained.
Even the uploading wouldn't technically be illegal if you were sure the people you are uploading to have a valid license, when it comes to public torrents however that is almost certainly not the case.
Consumer rights laws override EULAs in the EU so EULA doesn't enter into it.
The same goes for music and films as well,
as long as you own it you are entitled to a backup.
Obtaining a backup via your own original media (copying your own disc) is allowed but sharing or distributing (torrents) the backup is not. This goes for music and films too, you can't DL a film just because you own the original media.
Also I want to point out our ToS
Quote:
You may NOT:
Discuss any form of Piracy or DMCA violations (for additional information click here)
Discuss the circumvention of security-related applications
Discuss any other action, substance, or product that is deemed to be illegal in either the US/Canada or the municipality in which you reside.
http://www.overclock.net/a/terms-of-service
This is due to OCN being owned by an Canadian company and the site is hosted in the US so we have to comply with both Canadian and US laws as well any laws where the poster lives.
Here is a quote from one of our admins
Quote:
Originally Posted by
BFRD
Please be advised that
any discussion of committing piracy or use of software that isn't properly licensed is a violation of the TOS. We have decided to take this issue very seriously and want to make sure all of our members think about what they are about to post before submitting.
Some things that should not be discussed:
- Any software that disables copy protection and/or disc encryption
- Any discussion of software that invalidates Shareware/Trialware restrictions.
- Offering to PM a member a serial number or crack.
- Any un-authorized use of Corporate Software.
- Using BT or other P2P networks to obtain protected software.
- Downloading any copyrighted media without the Artist's permission.
- Suggesting the missuse of OEM software.
- Discussions pertaining to or requiring an end-user license agreement (EULA) violation.
- Any other discussion that violates the Digital Millennium Copyright Act (DMCA)
This is just a small example of things that should not be discussed. In the end it comes down to common sense. You wouldn't call MS and tell them that your friend gave you a burned copy of XP, so don't say it here either.
References:
DMCA Law
http://www.copyright.gov/legislation/dmca.pdf
OEM Operating Systems (Microsoft specific)
http://www.overclock.net/windows/156...ification.html
http://www.overclock.net/t/95814/software-piracy-discussion/0_100
