In a recent thread on the official Bethsoft forums about OBSE, a mini-discussion about virtual CD/DVD images arose. Someone linked to an older thread that shows Bethesda, yet again, having both fundamental ignorance about technology and disgusting arrogance in their own flawed policies. In this thread, a user was asking for help identifying why his game was stuttering, and posted his DXDiag. Eventually, a moderator, Dogsbody, came by, and said the following.
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Find the software that installed this device:
Drive: F:
Model: SCSIVAX DVD/CD-ROM SCSI CdRom Device
Driver: c:windowssystem32driverscdrom.sys, 5.01.2600.2180 (English), 8/4/2004 12:00:00, 49536 bytes
Then eliminate it before continuing. This is a "virtual disk" driver, and we cannot help you with a system that is so configured, because it is commonly used to evade copy protection on Oblivion and other games.
Drive: F:
Model: SCSIVAX DVD/CD-ROM SCSI CdRom Device
Driver: c:windowssystem32driverscdrom.sys, 5.01.2600.2180 (English), 8/4/2004 12:00:00, 49536 bytes
Then eliminate it before continuing. This is a "virtual disk" driver, and we cannot help you with a system that is so configured, because it is commonly used to evade copy protection on Oblivion and other games.
Yes, you read that correctly. Dogsbody is refusing to help someone simply because they have a virtual drive on their computer. Again, this is another example of Bethesda incorrectly making assumptions about a tool. Virtual drives are perfectly legal. There is no proof he is using it to evade copy protection. Even if he was, as long as he is not using it to evade Bethesda's copy protection, they have no legitimate reason to refuse to help him. The thread gets worse, though, if you can believe it. After a variety of people point out the absurdity and idiocy in Dogsbody's post, he replies yet again.
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SCSIVAX is associated with two virtual disk products, Alcohol 120% and Daemon Tools, that are commonly used for piracy. Some installers, including the one that comes with Shivering Isles, won't even let you install if they are detected.
Even when there is no intent to obtain a product you have not paid for, using virtual disk software to evade the technical means of copy protection is a breach of your end-user license agreement and a violation of copyright law in many jurisdictions.
Since making a physical copy of your disk is valid within the scope of your license, there is no such restriction on software for burning or copying CDs or DVDs. It is only the virtual disk software that is in question here.
Even when there is no intent to obtain a product you have not paid for, using virtual disk software to evade the technical means of copy protection is a breach of your end-user license agreement and a violation of copyright law in many jurisdictions.
Since making a physical copy of your disk is valid within the scope of your license, there is no such restriction on software for burning or copying CDs or DVDs. It is only the virtual disk software that is in question here.
Again, it doesn't matter if they are "commonly used for piracy." Also, the Shivering Isles installer does no such thing. I have both Alcohol 120% and Daemon Tools on my PC, and installed Shivering Isles with absolutely no problems. Then Dogsbody switches to a completely irrelevant argument, rambling about evading copy protection, when that has nothing to do with anything. He finishes by making a typical arbitrary and incorrect interpretation of the license. It's not over yet, though! People continue to point out the flaws in Dogsbody's reasoning, and since moderators are infallible, perfect, and not allowed to be criticized (ah, censorship is fun), Dogsbody posts one more laughably stupid post and then closed the thread.
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That was not a statement open to debate.
The license says you may make a backup copy for archival purposes. This has been interpreted to mean you may make a backup copy on a suitable archival medium, which is a DVD and not an HDD, and then play the backup copy. The technical means of copy protection used with Oblivion is that you must possess and use a physical, not a virtual, copy of the game on DVD at the time you launch it, and not anything else.
There have been at least 20 reports of poor frame rate, stuttering, or failure to install over the past year, in which SCSIVAX or other evidence of Alcohol 120% or Daemon Tools is present in the dxdiag report. It is not unreasonable to expect the user experiencing problems to remove software that has no legitimate purpose in the context of playing Oblivion and may in fact be the cause of interference with installation or gameplay.
The license says you may make a backup copy for archival purposes. This has been interpreted to mean you may make a backup copy on a suitable archival medium, which is a DVD and not an HDD, and then play the backup copy. The technical means of copy protection used with Oblivion is that you must possess and use a physical, not a virtual, copy of the game on DVD at the time you launch it, and not anything else.
There have been at least 20 reports of poor frame rate, stuttering, or failure to install over the past year, in which SCSIVAX or other evidence of Alcohol 120% or Daemon Tools is present in the dxdiag report. It is not unreasonable to expect the user experiencing problems to remove software that has no legitimate purpose in the context of playing Oblivion and may in fact be the cause of interference with installation or gameplay.
Yeah, a moderator's posts are not open to debate, even if they are blatantly false. The license has absolutely no restrictions on what medium you use for your backup copy. The license does not say that a "suitable archival medium" means a DVD, and nothing else. Next, Dogsbody tries to retreat behind horrendous statistical knowledge (look, more ignorance) by saying that he was actually trying to help the user. Yes, he was trying to help, while stating that he refused to help someone who dared to install legal software on their computer. Of course, 20 cases of an extremely vague correlation proves absolutely nothing. It is likely that Dogsbody realized the stupidity of his previous posts (but perhaps not) and tried to backpedal his refusal to help into a tech support suggestion. Sorry, Dogsbody, but your posts are quite obviously a refusal to help a user because of an ignorant and incorrect assumption. Great business policy, as always.
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Part Two (July 19th, 2008)
Yasgur thinks copyright infringement is theft. Courts, common sense, and the definition of the word theft say otherwise. I suppose basic knowledge of the law is too much to ask of Bethesda moderators before they start closing topics.
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If this is the case, then yes, it's theft.
The above was in reference to converting meshes/textures from a Morrowind mod that likely used Morrowind assets.
If anything, it is copyright infringement. It is not theft. It never will be theft, and so, Yasgur's comment is both hilarious and sad. Perhaps the RIAA/MPAA succeeded in brainwashing him.
MultiQuote
Posted 13 March 2008 - 02:52 PM
Posted 14 March 2008 - 02:14 AM
I'm kinda bored at the moment if you can't tell.
