[-] n1ckn4m3@kbin.social 5 points 5 months ago* (last edited 5 months ago)

https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1478&context=wmlr

Case precedent and law proves you incorrect. Fixed copies of digital assets have repeatedly been proven to be capable of being "owned". There is no requirement that an item be a physical, tangible good in order to be owned. I don't know where you're getting your information (because you refuse to cite it), but it's incorrect.

[-] n1ckn4m3@kbin.social 9 points 5 months ago

You're confusing ownership of media with ownership of copyright. I'm not suggesting that I can buy an mp3 and reshare it (or the same for an ebook), that's a violation of copyright. I've never suggested that buying them lets me remove DRM, re-share, etc. It's a strawman argument that you and conciselyverbose seem very attached to, but not an argument I'm making.

Ownership is not strictly limited to physical items, and I'm very curious why people think it is. There's significant outstanding case law precedent that proves that ownership can apply to digital files as well.

[-] n1ckn4m3@kbin.social 14 points 5 months ago

I'm not trying to be a jerk here, but you saying it over and over and offering no proof or corroborating evidence for your claims isn't furthering the discussion. I've provided two examples of cases where purchasing a file constitutes ownership and not a license, one where purchasing an MP3 constitutes full ownership of the MP3 via the terms of service, and one where purchasing an eBook constitutes full ownership of the ebook. According to you this is impossible, but I've provided two clear examples where it is, in fact, possible.

I am interested in hearing why you believe what you believe and what evidence you can present that supports your beliefs, but if all you can do is restate that you say it's x/y/z without any legal standing it and without anything that explains how the terms of service I provided are incorrect or unenforcable (e.g., can you provide me any previous situation in case law where terms of service expressly disclose an mp3 or ebook purchase as a merchandise transaction, but then treat as a revocable license?), I'm not sure where we can go from here. I appreciate your willingness to have the discussion but I'm not here to take someone's word without any corroborating evidence.

I think that a lot of people think what you think, and I think a lot of people think that because the majority of places online only allow purchases as licenses, but just because 85% or 90% of places you go online sell you a license to an mp3 or an ebook doesn't mean that other places don't exist where you can buy the mp3 or ebook outright. Further, I've done a lot of digging and I cannot find any case law that supports your claim that it's not possible to "own" a file. Authors own manuscripts they write on their computer and can seek civil or criminal penalties when those files are stolen, musicians own the raw files they make of their music and can do the same, etc.

[-] n1ckn4m3@kbin.social 19 points 5 months ago* (last edited 5 months ago)

That's not accurate. Go buy an MP3 from Bandcamp, you own the mp3 (it's a merchandise transaction, not a license, it's very explicit in the terms of service) -- you don't own a license to the mp3, you own the actual mp3 (same as you would own a CD). The same is true of several other mp3 stores and a handful of ebook providers, as well as when you buy ebooks directly from the author (quick example: https://melissafmiller.com/how-and-why-to-buy-ebooks-direct-from-me-and-other-authors/).

Owning the CD doesn't allow you to make derivative works as owning the CD doesn't make you the copyright holder, just like owning the mp3 doesn't actually mean you're the copyright holder, and I'm not making any argument otherwise (referring to your "legally permitted to do whatever you want" comment) -- but you absolutely can buy mp3s and ebooks and not license them.

DRM is an entirely separate issue and not relevant here as none of what I'm referring to relates to non-DRM protected licensed content.

[-] n1ckn4m3@kbin.social 20 points 5 months ago

I can own an ebook or an MP3, while some services license them many of them actually just sell you the media outright. Why are movies any different?

Otherwise, I agree, if we're (for some legitimate reason) forced into licensing instead of purchasing, the license needs to be perpetual and irrevocable.

[-] n1ckn4m3@kbin.social 153 points 5 months ago

Instead of working to create a cost effective, quick method for users to buy (AND OWN, NOT LICENSE) digital movies, the MPAA is instead going to try and censor the internet. Brilliant move, idiots.

[-] n1ckn4m3@kbin.social 4 points 9 months ago

Worse is a subjective term. Alcohol causes more deaths per year (140,000+) than all other drug overdose deaths combined (~103,000). Alcohol also has significant long term health impact for even light users. I think what's truly the worst is how normalized alcohol use and abuse is in American society.

[-] n1ckn4m3@kbin.social 6 points 9 months ago

Very much this. A great many of us in our early 40s had access to pornography from BBSes or early internet and it didn't seem to fuck us up. Why are we trying to solve a problem that doesn't actually exist?

Legal sexual gratification between two consenting adults (even if some may find the way they achieve gratification taboo), so long as it's not illegal, should not be shamed or denied.

[-] n1ckn4m3@kbin.social 18 points 9 months ago* (last edited 9 months ago)

Not only that, but their PR person gaslighting people with the article claiming that the game wasn't bad, it was just "cool to hate" has left a really bad taste in my mouth. The game could be absolutely amazing now and the expansion pack could be the game that we were always promised, but the experience and the follow-up has been so bad that I'm similarly waiting until post launch (heck, perhaps even until GOTY with included DLC) for any future CDPR games.

[-] n1ckn4m3@kbin.social 4 points 11 months ago

I've been playing GW2 since beta -- heck, I've been playing Guild Wars since the original game's beta, I am a sucker for a good MMO that isn't pay-per-month. I still remember the end of the original Guild Wars beta when meteors started falling down killing everyone in Ascalon. My wife isn't quite as interested in MMO-esque experiences, she more likes the couch co-op style (we played D3 until Paragon 950+ on PS4 Pro and play D4 on PS5), so I haven't been able to get her playing it yet -- but I'll keep trying!

[-] n1ckn4m3@kbin.social 2 points 11 months ago

Same experience here -- I started a seasonal character and gave up at level 12 because while the malignant hearts were a neat concept, everything else was ridiculously trite and stupid.

[-] n1ckn4m3@kbin.social 37 points 11 months ago

D4 is an exercise in how a lot of effort and a lot of thought can go into something and result in a game that's inferior in the important ways (is the game actually fun to play, is progression fun and rewarding) while also being technically superior to its predecessors -- the game looks amazing, the engine is fantastic.

I'm playing it with my wife and it's just not very fun yet. It reminds me of grinding levels in classic WoW, but without the benefit of getting new skills and feeling more powerful with the levels. I'm hoping that after some patches, seasons, and expansion packs that it gets to be a little more fun, but right now they've made leveling so slow and so inconsequential that the game is just a repetitive slog. You're not getting any new skills past level 50 but it takes absolutely eons longer to go from level 50 to 100 than it did to go from 1-50, all areas in the entire game except for nightmare dungeons are level scaled so you aren't actually getting any more powerful with each level, you're just watching numbers go up while killing exactly the same things in exactly the same way you have been for the last 50 levels.

Appreciably, Diablo 3 was kind of crap at launch as well and it wasn't until they removed the RMAH, added a new class, added adventure mode and bounties, and added a lot of seasonal content that it fleshed out to being as fun as it is now. I'm hopeful that D4 eventually gets there but man it's just not the fun I was hoping for presently.

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n1ckn4m3

joined 1 year ago