3.15 - Are CDR backups legal?
Description
This article is from the Sony video game controllers FAQ, by Lord Xarph and his Flying Circus xarph@blueneptune.com with numerous contributions by others.
3.15 - Are CDR backups legal?
In a nutshell: maybe. This is a very confusing topic that has led to
many a flame war in the newsgroup.
Just so you have some reference points, this is all based off
information from the IDSA (International Digital Software
Association), the entity you'll most likely be tangling with if you
get busted for piracy. The law in question is 17 U.S.C. Section
117(2). As for countries other than the U.S.: If your country has
signed the Berne Convention, these apply to you. If not; you're on
your own.
I am not a lawyer. If you get sued, lose, and end up with a massive
fine, it's not my fault. Period. Basically, you have the right to
make ONE copy of a game that you own an original of for archival
purposes (read: your dog decides to play frisbee with it or other such
damage).
The law states that you CANNOT post or download a backup off the
internet. Backup server operators: yer screwed. You CANNOT sell
backups, unless you are the copyright holder of the software. Backup
sellers: yer screwed.
The backup copy can only be transferred to the another person if the
original is also transferred *and the transfer is part of the
transaction of all rights in the program.* In other words, you can't
trade a backup unless you own the rights to the game.
As for backup services? Who knows. Just keep in mind that the IDSA has
many very expensive lawyers at their disposal for the sole purpose of
making your life a living hell.
Continue to:
My Books
