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Old 07-27-2009, 12:06 PM   #63
Andurian
You really should try it!
Andurian doesn't litterAndurian doesn't litter
 
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As I understand precedent, it has generally not been the case that customers who unknowingly purchased content that violated someone else's IP rights have lost access to that content.

I recall a game where the company who sold it didn't retain rights after the author left their employ but sold it anyhow - the company was ordered to pay a large settlement to the author (more than their profits, IIRC) and to stop selling it, but customers were specifically told by the judge in the case that they didn't have to delete or discard the game. Anyone remember the name of the game or more info?

On a personal note, going on a decade ago I bought a game (Diablo II) on ebay that once I got it was clearly pirated. I contacted the publisher of the game, mostly to inform them about the piracy and they informed me that they had no legal right to demand I destroy the disk or not install it and play it, since I had purchased it in good faith. They also made it very clear I didn't have any support options and they requested I refrain from internet play for fear I would cause problems for the other players. So it seemed they *really* wanted to tell me I couldn't use it, but their legal team insisted they not say that. (I ended up buying a legit copy anyhow - I wanted the internet play and the ability to patch the game.)

Also, on the central topic for this thread, does anyone know what Amazon's new policy really is? Apparently they won't delete things, so that would imply the customer keeps the book that is an IP violation. Presumably Amazon will have to pay the IP owner for that to be legal. What if the IP owner decides to demand $500 a copy? Or if the IP owner decides the illegal edition isn't formatted in a way they find acceptible and, hence, there is no price at all they would find acceptible?
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