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Counter-Strike: Source/Half-Life 2 Preloads

Gabe Newell made a couple of posts to the Half-Life 2 Fallout Forums about plans for Counter-Strike: Source and Half-Life 2 data preloads on Steam in preparation for the release of each. Regarding Counter-Strike: Source, he says this in one post: "Just got out of a review meeting. 8/11 the Cafe's turn on (tomorrow). 8/16 CZ/ATI users pre-load. 8/18 CZ/ATI turns on," and in a subsequent post: "The engine test (CS:Source plus de_dust) for cyber-cafe's started pre-loading at 6." There are also posts on the Steam Users Forums indicating that Valve has started to pre-load Counter-Strike for some end-users (thanks Stoo). The first post also has word from Gabe on plans to start preloading art and sound assets for Half-Life 2: "8/17, HL-2 pre-load starts (textures, audio and other stuff that doesn't change)."

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135. Re: This you need to explain to me Aug 17, 2004, 01:33 S_DOG34
 
You guys are still wrong about the game center industry and Valve’s legal posturing AGAINST YOUR RIGHTS TO OWN AND DISSENINATE SOFTWARE THAT YOU PURCHASE. If you want to be blind, that is your own choice, but if you want to be informed, then read on…

Well, I read it, but you're still wrong. From the very same section that you mentioned, there is specific mention of computer software

Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit library or nonprofit educational institution. The transfer of possession of a lawfully made copy of a computer program by a nonprofit educational institution to another nonprofit educational institution or to faculty, staff, and students does not constitute rental, lease, or lending for direct or indirect commercial purposes under this subsection.

Gaming centers are not NPOs and therefore cannot rent computer software without authorization from the developer. And here is a little bit about video rentals.

By law, as well as by intent, the pre-recorded videocassettes and DVDs ("Videos") which are available in stores throughout the United States are for home use only -- unless you have a license to show them elsewhere.

Rentals or purchases of Videos do not carry with them licenses for non-home showings. Before you can legally engage in non-home showings, you must have a separate license which specifically authorizes such use.

These simple, straightforward rules are embodied in the federal Copyright Act, as amended, Title 17 of the United States Code. Any institution, organization, company or individual wishing to engage in non-home showings of Videos should be aware of the Copyright Act's provisions governing the showing of Videos, which are highlighted below. The Copyright Act grants to the copyright owner the exclusive right, among others, "to perform the copyrighted work publicly." (Section 106)

Showings of Videos without a license, when one is required, are infringements of copyright. If done "willfully and for purposes of commercial advantage or private financial gain," they are a federal crime and subject to a $150,000 penalty per exhibition(Section 506). In addition, even innocent or inadvertent infringers are subject to substantial civil damages ($750 to $30,000 for each illegal showing) and other penalties. (Sections 502-505)

So, to sum up, gaming centers are seeking financial gain by renting copies of computer software for non-home use. How many more laws should be broken before Valve has a right to intervene?


 
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