legal back up copies

Lootr2Core

Lootr2Core

CAGiversary!
Question came up in another thread, (got locked) in it there was a short discussion about making copies --legal or not-- someone said that it was ok, another said it was covered under the End Users agreement. Anyway I just installed a game (and actually read the user's agreement) and found that for that game

"PERMITTED USES
1. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession"


Now this is only one game I know, does this very from company to company? I don't install a whole lot of pc games (but the pc realm what I am asking about.

NOTE: This is not for burning illegal copies, I am asking for owned copies. The PC game I just bought and installed was Trivial Pursuit, and is is legal to make a back up copy of that game.
 
I don't see any trouble with making a backup copy like they said... but I can see why you're nervous on making such a topic on such an antipiracy board. But since you've clarified you're doing no such thing, you should be alright.

Doesn't every game allow for one backup copy?
 
[quote name='Moxio']I don't see any trouble with making a backup copy like they said... but I can see why you're nervous on making such a topic on such an antipiracy board. But since you've clarified you're doing no such thing, you should be alright.

Doesn't every game allow for one backup copy?[/quote]


Thats what I assumed to, but it was brought out in this thread
http://www.cheapassgamer.com/forum/viewtopic.php?t=42524&highlight=

that it wasn't.

I bring it up now, as today I tried to reinstall Shogun total war, but PC wouldn't read it, I looked at the disk and it had one gigantic scratch down the whole cd.
 
[quote name='Moxio']Couldn't you mount a virtual drive?

Try using DaemonTools.[/quote]

I'm thinking more about the old games that I don't necessarily want to take up hard drive space. Seems like I go through a stage every now and then that I want to load some of the the golden oldies of gaming.
 
[quote name='Moxio']Doesn't every game allow for one backup copy?[/quote]

The game doesn't allow the backup copy. Its not like you need permission from the game company. Do not pay attention to those stupid contracts that come along with games. It has been shown in the courts that they are meaningless. So don't let them scare you. The game company does not dictate the law.

"The next bag of chips you open signifies the forfeiture of all your assets to me, including bank accounts, video game consoles, and the shirt on your back." See, just because I write something doesn't make it true. The same goes for those "shrink wrap" licenses (as they are called).

The law allows backups for fair use, but it is illegal to bypass copy protection. The problem is that the law is so general that just about anything could be considered copy protection. So technically you could make backup copies, but practically speaking there is no illegal way to do it.

You can thank yourself for giving the big media companies all your money so that they can use it to bribe our politicians.
 
[quote name='Lootr2Core']I'm thinking more about the old games that I don't necessarily want to take up hard drive space. Seems like I go through a stage every now and then that I want to load some of the the golden oldies of gaming.[/quote]

According to the fat cat executives you should have to pay for the same games over and over again. How else will they stay unimaginably wealthy?

Basically I'll summerize the situation like this: Yes it is illegal. But so what? If people didn't break stupid laws then there would still be prohibition and segragation.
 
Also I just noticed you said "installed" well if it is a PC game then YES you are able to create 1 backup. However this is NOT true for game consoles as the DMCA makes it clear that any attempt to circumvent copy protection makes it illegal.
 
Quick copyright lesson: There are six exclusive rights in the copyright bundle: the right to control reproduction; the right to prepare derivative works; the right to control distribution; the right to perform the work(s) publicly (to control performance); the right to display the work publicly; and in sound recordings, the right to publicly perform by digital transmission.

It is generally not legal to make back-up copies unless you have express written consent from the copyright holder. In the instance the OP described, it is OK to make the copy because the end user agreement says so.

Also, shrink wrap licences and click wrap licences do hold up in court if they are explicit enough in their contents. True, some cases have been argued and won against them but in general they are fact-specific and the case is decided on the individual fats rather than the broader issue at hand.

Finally, fair use is generally reserved to the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, or research. Anything falling under these categories is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered include: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) The nature of the copyrighted work; (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) The effect of the use upon the potential market for or the value of the copyrighted work. These factors are to be explored, and the results weighed together in light of the purposes of copyright.

Fair use is a defense based on the idea of ‘implied consent’ or the law’s belief that an owner would reasonably consent to such use without payment.
 
The funniest thing in the whole mess is that more game companies lose money due to the reselling of games than actual piracy. Take a look at ebgames ... someone goes there to buy a new game, what do they do? "Hmm, for 5 bucks cheaper you can buy the game preowned" "it's easier to return the game if it's preowned" "after you finish it you can bring it pack and get store credit" ... they always seem to push PO games on everyone. So one copy of the game gets passed around like a cheap whore and who gets all the money? :dunce:
 
[quote name='chunk']
The game doesn't allow the backup copy. Its not like you need permission from the game company. Do not pay attention to those stupid contracts that come along with games. [/quote]

They're not even contracts; contracts are something you sign. They're supposed to be "agreements", but I don't know that you have to agree to them.
 
Two things:
1. If you have to circumvent a "technological protection measure," the fact that a game was sold before the DMCA doesn't matter. The DMCA applies now, a violation of the DMCA is a violation of the DMCA regardless of when the copyrighted work was created. Stuff produced after the DMCA was passed is, however, more likely to contain "technological protection measures."

2. A signature is not a necessary condition for a valid contract in almost all situations. Shrink-wrap and click-wrap licenses are generally valid contracts. Depending on the terms of the EULA, you accept the EULA and form a valid contract when you open the shrinkwrap, install the software, or click the "I agree" button before you install it. Even if some terms of the EULA are later declared invalid, there is generally a severability clause preserving the validity of the rest of the EULA. I wouldn't count on this last sentence helping you much though -- most of these licenses are boilerplate language that have been tested to some degree in various U.S. courts. Contract law varies in each of the 50 states though, but don't count on that fact getting you very far either.
 
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