Well Dave....
I certainly understand the point of your "open letter"....and your right to
express your opinion about the copy protection programming used on the
NASCAR 2003 CD program. I also happen to agree with your conclusions, 120%.
However, Dave....I wonder how wise it was to use this public forum (a
popular sim racing newsgroup) to express your opinion to
Sierra/Papyrus/Vivendi. I would point out to you that "civil disobedience"
is an American concept, but it isn't applicable in civil law (not in this
country at least). You have expressly and directly admitted to personal
actions that violate multiple sections of the Papyrus/Sierra/Vivendi EULA
(End User License Agreement) and the Sierra.com "Terms of Use" agreement,
which you agreed to abide by.......through installation of the NASCAR 2003
CD on your computer. You are now subject to being sued (through the courts
of the State of California) for unspecified damages, and if you do not
prevail in your defense (not likely since you've admitted to these acts
publicly), the attorney fees not only for yourself, but for
Papyrus/Sierra/Vivendi to bring this action upon you. I can tell you
through direct experience, those fees will approach $40,000....just for
their side alone, plus your own attorney fees (and travel to California for
court appearances). At the very least, you can probably count on your CD
key and Sierra.com online racing account being cancelled (permanently).
I only hope Papyrus/Sierra/Vivendi legal department is as lenient with you
as they were with me two years ago.....when I pulled a similar (stupid)
stunt!
I consider you one of my best friends.....from the online racing
"***world".....I really hope you have not totally screwed yourself
here....just to make a point (no matter how valid). Geeeze, Dave....what
were you thinking?
Having "been there, done that"....my regards,
Tom
PS: To anyone asking Dave to help you do something similar.....you can
probably count on joining Dave's defense...as well as adding to the amount
of damages awarded if he loses. You are not doing yourself, or Dave any
good.......send him a private email if you are so inclined to ask for the
program(s) he used.
> Today I received my purchased copy of N2k3. At 1:07pm I began the
> process of installing. This comprised searching the web for details on
> bypassing the copy protection. After reading a couple of public forums
and
> downloading two programs I placed the disk in the drive. 15 minutes later
> I took the disk out of the drive and and clicked on the menu icon. N2k3
> started and I installed the program. I then rebooted per instructions.
> Before 2pm I had completely bypassed your expensive copy protection.
While
> I did have experience with past versions of Daemon Tools, I was advised by
> the forums to use a very unfamiliar program to write an image of the
> disk.(notice I decline to call it a cdrom since I believe your abhorrent
> copy protection schemes place the disk outside of the parameters
> established by Phillips for a CDrom disk).
> So in less than an hour I installed, ran and tested online the program,
> all without the prescense of a disk in the cdrom tray. I should bill your
> companies for my time that I spent protecting my system from your copy
> protection schemes.
> I have read that a 'Save Game' feature was not included in this version
> of Nascar Racing 2003 because of the added cost to program that feature.
I
> can understand that reasoning, but I am curious how much your deal with
the
> copy protection company cost you. If I were you, I'd be asking for a
> large rebate or complete refund from the maker of the copy protection. If
> I was able to defeat it within an hour, I can only imagine how simple it
> would be for true professionals to bypass this system. If your company
had
> chosen to spend funds on improving your product instead of possibly
causing
> damage to my system with heinous non-standard file additions and disk
> manufacturing, you might have had ample funds to program a 'Save Game'
> feature.
> Obviously your business choices show more intent to do harm to
casual
> computer user's systems than to deter actual software theft. If I was
> unable to bypass the copy protection on this disk, I would have returned
> it. I believe your business practice of copy-protecting by corrupting the
> CDROM protocols, a purchase I have legitimately made, shows an complete
and
> utter DISDAIN for me, the end user.
> Your use of a key number to limit online participation should be more
> than sufficient to deter multiple copies of the program being bought and
> sold. But by adding onerous. and ultimately non-effective, copy
protection
> schemes does not benefit your company, or your customer. I am sure
though,
> the Secure Rom or Safe Disk programmers value your financial contributions
> to their bank accounts.
> Dave Henrie
> 2928 W Wellesley Ave
> Spokane, Wa. 99205
> 1 (509) 328-7626