Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Pirating games I already own.
Making back-up copies of copyright software.
 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
Zoomy
New Member
New Member


Joined: 03 Apr 2007
Posts: 1
PostPosted: Tue Apr 03, 2007 10:32 am    Post subject: Pirating games I already own. Reply with quote
I've got a copy of a game, which I'd like to install again, but general use and time means that the disk is knackered. Is it legal for me to download a copy for my own use only. As I see it, I should since;

1. I've already paid for it.
2. I still posses it.

However, everyone knows what PC game companies are like, especially Microsoft (whom published and/or developed it).

As far as I'm aware, under U.S copyright law I can't, but I'm not from the U.S. Did I become bound to U.S copyright law when I clicked "I agree" at the EULA when I installed it the first time?
Back to top
View user's profile Send private message
CopyrightAid
Site Admin
Site Admin


Joined: 03 Jan 2007
Posts: 281
PostPosted: Tue Apr 03, 2007 5:33 pm    Post subject: Reply with quote
Well under UK law there is a provision for making a legitimate back up of software you already own.
Quote:
Section 50A: Back up copies
50A.-(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.


But as you point out. When you install the software, you agree to their EULA, and are therefore bound by that agreement.

Could they take action? - maybe, though I'm not sure if a judge would uphold the case.

Are they likely to? - If this is legitimate software that you have paid for, and you only make a back up for your own use. No, I doubt any company in their right mind would pursue a case like that.
[Of course it's a different matter if they catch you selling it at your local car-boot sale Wink ]
Back to top
View user's profile Send private message
Sherif
Regular Member
Regular Member


Joined: 29 Jan 2007
Posts: 19
PostPosted: Tue Apr 03, 2007 5:35 pm    Post subject: Reply with quote
I though back up copies were allowed under US law also.
Back to top
View user's profile Send private message
CopyrightAid
Site Admin
Site Admin


Joined: 03 Jan 2007
Posts: 281
PostPosted: Thu Apr 19, 2007 8:10 am    Post subject: Reply with quote
Zoomy - You would probably find the following link on help here too..... http://www.copyright.gov/help/faq/faq-digital.html it's to the US Copyright Offices own page on this - so it deals with US law.

To abridge what this says for future readers of this forum..

Under US Law (section 117) you CAN make a back up copy of a computer program provided that:
Quote:
* the new copy is being made for archival (i.e., backup) purposes only;
* you are the legal owner of the copy; and
* any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.


It it worth stressing that this ONLY applies to computer software (not music, films, etc, etc.)

However the page goes on to state:
Quote:
It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.

So it would appear that your concerns about the EULA are valid, and as I think I inferred earlier, when you install the software, you agree to their EULA, and are therefore bound by that agreement.

For the interests of those visiting sites that claim to sell 'back-up' copies of software (that you already owned of course Smile) you should also not that this is not allowed under section 117 - even though the sites often claim that it does.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 


 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



Powered by phpBB © 2001, 2005 phpBB Group