2 ms·

I'm pretty sure that the lack of license terms doesn't make it a free-for-all, instead it means that there is no possible licensed use at all. If you pick up a

I'm pretty sure that the lack of license terms doesn't make it a free-for-all, instead it means that there is no possible licensed use at all. If you pick up a copy of Photoshop and can't find the license for it, you don't get to go down to the street corner and sell bootleg copies. That defense won't hold when you're in district court fighting to stay out of federal prison, anyway. And while it's true that this will never be enforced, if there are no principles here, then there can be no guilt from illegally copying these games.

monocasa 3y ago
Practically (since no prosecutor is going to take this up on their own), you'd need someone dumb enough to affirmatively say "that's my circumvention tool that's illegal under the DMCA" in order to show standing for a civil case. So even if there was a no commercial use license somehow, it feels kinda like jury nullification where it's not explicitly legal, but de facto legal because of structure of the rest of the judicial system.