View Single Post
  #5  
Old 05-12-2006, 15:42
DABhand DABhand is offline
Banned
 
Join Date: Nov 2004
Location: Near my PC
Posts: 5,406
Thanks: 0
Thanked 3 Times in 3 Posts
DABhand is on a distinguished road
Lets see shall we what they say here.


Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.

Under section 117, you or someone you authorize may make a copy of an original computer program if:

1. the new copy is being made for archival (i.e., backup) purposes only;

2. you are the legal owner of the copy; and

3. 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.

4. You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).

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.




Not lets see a key word you neglected to read in there, there word being "authorised", as in given permission. Did you miss that word.

EDIT: You can only authorise this if you are the legally binding owner of the data, which is subject to the developer/publisher. Which you are not.

Also.

"2. you are the legal owner of the copy;"

If you download an image you are NOT the legal owner of that copy. Again your wrong on the part of downloading games is legal as a copy purpose. This basically states as I have said, you can only backup/copy YOUR original and no one elses.

And just to reconfirm this, you missed out on this part also

"Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware."


See that word Authority again in that last quote, again only IF and only WHEN the owners of the software have given you permission to distribute software then you can, but they dont.

Also you fail to realise that you only have the right to play what is on that media, you own the CD or DVD but you do NOT own the content.

So again if you didnt get permission to make a backup then you cant. No if's or but's about it.

And btw US law isnt Global.

Last edited by DABhand; 05-12-2006 at 15:45.
Reply With Quote