MaximumPC 2004 09

THIS MONTH: The WatchDog goes after...

Stinks Like Fish

DEAR DOG: I think this one belongs in the

“too good to be true” category, but I’m

unable to find much information about it.

While shopping for Adobe Photoshop online,

I came across a listing for http://www.softwarecb.

com. It claims to offer downloads of a variety

of programs, mostly from Adobe. The web

site says it is legal and references Section

117 of the U.S. Copyright Code ( www4.law.

cornell.edu/uscode/17/117.html ). It all seems

fishy though, because following the logic of

the web site’s operators, I could buy a copy

of Microsoft Office or Unreal Tournament 2004

and then sell copies of it to my friends.

—EDWARD KLEIN

THE DOG RESPONDS: The Dog was also unable

to contact SoftwareCB.com at press time, but

did find the web site’s premise fascinating. In

essence, it seems that SoftwareCB.com hangs its

existence on this section of copyright law: “...it

is not an infringement for the owner of a copy

of a computer program to make or authorize the

making of another copy or adaptation of that com-

puter program....”

In other words, you’re not buying pirated

software, you’re paying for a service that

makes an archival backup for you. Could this

possibly be legal?

Hell no, said Bob Kruger from the enforce-

ment division of the Business Software Alliance.

Kruger said the anti-piracy group runs into this

defense on occasion and he is 100 percent cer-

tain it doesn’t hold water.

“Section 117 is not designed to enable people

to make money selling burned CDs or down-

loaded CDs,” Kruger said. Even if you believe

in contorted logic, Kruger said, don’t expect the

law to. “I don’t think any court or jury is going to

accept that this is what’s going on here.”

In most cases, BSA investigators have found

that when they make undercover buys and

admit to not actually owning the software for

which they are buying an “archival backup,”

the sites still send the software. The obvious

question, according to Kruger: “Why would

any user who owns an application want to pay

anyone for a backup, when they could make a

backup themselves?”

Why spend $149 for a “service” to make a

backup copy of Photoshop CS when you can burn

it yourself for 25 cents? The Dog supposes that if

you lost your original CD, SoftwareCB.com’s “ser-

vice” could be of some value. Although even that

isn’t exactly a great deal as most companies will

sell replacement CDs for a small fee.

And the big question is, what are you actu-

ally getting? A zip file? An ISO? SoftwareCB.

com says all sales are final and “by purchasing

any product from softwarecb.com, you agree

you have knowledge of this product. We do not

allow any refunds due to the inability to operate

a simple computer function.” The web site also

states: “Softwarecb.com will not refund any

order due to the delayed delivery of a product.

Some instances may include e-mail delivery

responses, or temporary hosting malfunctions.”

So the short answer is what Edward already

pointed out in his letter: If it sounds too good to be

true, it probably is. Woof.

AGPTek Turkey

DEAR DOG: I’m one of the many unlucky

people to purchase an AGPTek videocard that

I first saw on the Imagestore web site ( http://www.

imagestore.us ). I bought it through eBay for

more money than on the web site! But that’s

not the problem. The GeForce FX 5600 Ultra

was broken when it arrived. Windows 2000

continued to redetect new hardware over and

over again. I RMA’d the card through eBay

but have yet to receive a refund. From reading

AGPTek’s web site, it seems that many of its

customers are having the same problem. I’ve

been a Maximum PC reader for many years

and have been reading about everyone else’s

misfortunes, and hoped it would never hap-

pen to me.

— JOETECK

THE DOG RESPONDS: Like Joe, the Dog also had

difficulties contacting AGPTek and Imagestore

(both entities appear to be closely affiliated).

But after a terse exchange with Imagestore/

AGPTek, Joe was finally issued a refund. The

company’s reason for the delay? No reason.

While Joe’s happy to get his cash back, the Dog

is awfully unimpressed with the service from

Imagestore/AGPTek.

Still Screaming?

DEAR DOG: After exhaustive research and fence-

sitting, I decided to order a new custom

system back in March, shortly before BTX and

PCI Express had upgraders chomping at the

bit. After evaluating every custom builder I

could find, I settled on http://www.screamworx.com

for its unique approach to a no-nonsense

gaming machine with minimal fan noise. The

customer service I received throughout the

ordering process was top-notch, and at the

end of April the UPS guy unloaded three boxes

SoftwareCB.com >AGPTek >Screamworx >His Tail

Say hello to Larry,

WatchDog of the Month.

WatchDog (^) Maximum PC takes a bite out of bad gear
Say hello to
WatchDog of the Month.

g Maximum PC takes a bite out of bad gear

22 MAXIMUMPC SEPTEMBER 2004

The Dog agrees that these are likely the

symptoms of a videocard gone bad.

Could it be legal to download a copy

of Adobe Photoshop CS for $146?