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[Frodo]

I emailed this guy a few days ago, but still not had any reply. <_<


If I email him again, does anyone else want their reviews removed from his site?

[The Spider Mastermind]

<div class='quotetop'>QUOTE(carpetsmoker @ Jan 17 2007, 10:48 AM) [snapback]275310[/snapback]</div>

And this is different in the rest of the world....?

In any case, Gregor is right, the Czech republic joined the EU in 2004, I'm not a lawyer, but I'm pretty sure that the stuff Muncinski is pulling is pretty illegal.

Just the fact that he's selling abandonware is illegal, which is something different than offering it for free and kindly asking for a donation.
[/b]

Technically speaking, I don't think he's actually selling the abandonware itself, certainly not the stuff from Ab and HOTU, he's just charging you to find it. I reckon the only thing he could possibly be done for is mis-representing his service since he doesn't tell you that he's merely charging you to find it, instead of charging you for the product itself.

[plix]

<div class='quotetop'>QUOTE(The Spider Mastermind @ Jan 17 2007, 03:52 PM) [snapback]275403[/snapback]</div>

Technically speaking, I don't think he's actually selling the abandonware itself, certainly not the stuff from Ab and HOTU, he's just charging you to find it. I reckon the only thing he could possibly be done for is mis-representing his service since he doesn't tell you that he's merely charging you to find it, instead of charging you for the product itself.
[/b]

I'm not up to date on EU directives -- and certainly not which of them has been adopted by the Czech Republic -- but in the US that would be enough to qualify as criminal facilitation.

Frankly, threatening this guy does not work. None of us has the influence to set a civil or criminal case in motion against this guy and, frankly, the Czechs have more important things to worry about than some low-level, petty-criminal clown like this guy. Furthermore, remember that anyone from the abandonware community trying to bring charges automatically implicates themselves in the execution of copyright infringement (remember that abandonware isn't exactly legal to begin with).

[Frodo]

<div class='quotetop'>QUOTE(The Spider Mastermind @ Jan 17 2007, 08:52 PM) [snapback]275403[/snapback]</div>

Technically speaking, I don't think he's actually selling the abandonware itself, certainly not the stuff from Ab and HOTU, he's just charging you to find it. I reckon the only thing he could possibly be done for is mis-representing his service since he doesn't tell you that he's merely charging you to find it, instead of charging you for the product itself.
[/b]

He is also stealing reviews from AB and other places. He makes it seem like he made those reviews himself for his own site. :wallbash:

[Mighty Midget]

<div class='quotetop'>QUOTE(Frodo @ Jan 18 2007, 05:03 AM) [snapback]275441[/snapback]</div>

<div class='quotetop'>QUOTE(The Spider Mastermind @ Jan 17 2007, 08:52 PM) [snapback]275403[/snapback]

Technically speaking, I don't think he's actually selling the abandonware itself, certainly not the stuff from Ab and HOTU, he's just charging you to find it. I reckon the only thing he could possibly be done for is mis-representing his service since he doesn't tell you that he's merely charging you to find it, instead of charging you for the product itself.
[/b]

He is also stealing reviews from AB and other places. He makes it seem like he made those reviews himself for his own site. :wallbash:
[/b][/quote]

How irritating it may be (and it is, no mistake about that), it seems to me that this is evidence that there is Law, and there is Justice, but these two are not the same thing, in case anyone was still wondering. Is the reviews copyrighted? If not, then I don't think there's a law that will deny him the "right" to use these reviews. Merely "conveniently forgetting" where he got the reviews doesn't explicit mean he wrote them himself, and I'm afraid that's how the Law can accept these thefts. If, on the other hand, he states he actually wrote the reviews, then I suppose there will be a law against that, IF it can be proven he did not. But still, as long as the reviews are not coyrighted, he will go free, I guess. Punch line: I will not hold my breath waiting for the law to set things straight.

(PS: I read how this guy, who was never, in any way, associated with Linux, copyrighted the Linux name and demanded royalties. The law accepted that, but a bunch of people including Linus, sued him and it was settled so the name was handed to Linus. That story is found on Wiki.)

[plix]

<div class='quotetop'>QUOTE(gregor @ Jan 17 2007, 04:43 AM) [snapback]275268[/snapback]</div>

what dooyu mean "because of his location"? He is in Czech republic isn't he? that's in EU and they must comply to EU regulation, directives and laws on Copyright. Their laws are made in such a way to comply to them.[/b]

For what it's worth, he's been operating since before the Czech Republic joined the EU.

That aside, EU directives are just that: directives. They are not laws and it usually takes some time for said directives to be adopted. Notably, the EU Copyright Directive has yet to be adopted by the Czech Republic (Spain being the only other country to not yet adopt this directive). A European Constitution would change this, but it remains a rather far-off possibility.

<div class='quotetop'>QUOTE(gregor @ Jan 17 2007, 04:43 AM) [snapback]275268[/snapback]</div>

The had to change them before they could even get accepted as members. so i don't see location as a problem.[/b]

Simply wrong (only some conditions must be met for accession).

[gregor]

maybe we should pay him a visit. or send someone to pay him a visit.

you know how it is... accidents do happen.

[win98]

Yeah well I have a plan and you guys may or may not like it. What I will do is make an abandonware website and email a link to the guy after I have put a few games that he does not have up. Then if he starts trying to use them i'll be able to see how much traffic is being used. But I will put warning .txt files in once the downloads start getting popular and expose this guy to his so called customers. Then I will be able to suggest that he may have been doing the same to other sites and wham he has been caught. Over the next 2 days anyone who wants to can post in this topic and say yes do it or no don't I will then decide if I think there is enough support.

[The Fifth Horseman]

Sounds like a plan.

Is the reviews copyrighted?[/b]

If I remember right, it's more or less automatic.
Unless the author places a notice that the review is public domain, nobody can utilize it without permission.

[Frodo]

Sounds like a GOOD plan.