Legality Issues ---NEED INFO---

[SrBrunox]

If i have bought software, made my own legal backup, then lost the original, can i still sell my backup copy as if it were the original?

I have an old game that i bought for the pc, i made a copy then the original cd got trashed so i got rid of it. Someone i know wants to buy the game off of me, is that legal? What would make it legal or not? Do i HAVE to have the original box or manual or something?

I see PS2 game backups being sold on the net, is that legal in the states or canada? what type of disclamer do i need to imply?

Thanks.

[PiRaNeTuS]

It is illegal. It's not legal because you must sell that person the original cd, and it should also contain manual, box, and such (although, I'm not sure it actually HAS to have the manual & box)

But yes, selling a copy is illegal. You can't prove to the game makers you 'lost' the original.

[SrBrunox]

thought so

so how do those ps2 backup sites get by this?

[PiRaNeTuS]

Not sure which sites you are refering to exactly, but I'm sure they're illegal too.

[fireforce555]

Isnt the rule that if you make a backup, if you ever give away the original or sell it the backup must be given to?

[shawners]

Its illegal to sale anything thats a copy. Of course if he or that person gave you money to ship or handleing charge.. or sale it as a USED CD-R.. then i think thats a different issue. Depends on the country your from and can sale what you want to others if they dont have laws governing it.

[ASUmusicMAN]

Isnt the rule that if you make a backup, if you ever give away the original or sell it the backup must be given to?

that's my understanding

[Triple_T]

the ps2 backup site get away with it because it isnt illegal to give away free backups(as long as u own the game)its almost like a service they are providing for free, but if they charge its illegal, but dont forget u can only download if you have the game :gj

[Lehk]

ATTN! it is not illegal to sell your only remaining copy no matter what form it is in. technically it would be legal to sell him the ISO via FTP so long as you destroyed your copy at the same time.

[CompuGeek]

Technically it's illegal under the DMCA if you had to circumvent any copy protection.

[Ken17625]

It's all illegal under U.S. law.

[CompuGeek]

It's all illegal under U.S. law.

Not quite.

http://en.wikipedia.org/wiki/First_Sale_Doctrine

[fireforce555]

This is so sad. You practically need a Harvard law degree to simply sell an old piece of software to a friend without the black helicopters showing up outside your windows.

[CompuGeek]

You don't need a law degree; a tin foil hat will keep black helicopters away.

[shawners]

I can buy a ford car, put a chevy engine in it. new computer with chip, redo the car inside out... and break no copyright laws or patents at all...wish this could aply to the things online.

[CompuGeek]

Your analogy applies to intellectual property in the same way as long as you don't distribute.

Example: Buy some songs online, remix them into your own song. All fine and dandy as long as you don't try to distribute the original songs or a derived work.

[begoodbebad]

If i have bought software, made my own legal backup, then lost the original, can i still sell my backup copy as if it were the original?

I have an old game that i bought for the pc, i made a copy then the original cd got trashed so i got rid of it. Someone i know wants to buy the game off of me, is that legal? What would make it legal or not? Do i HAVE to have the original box or manual or something?

I see PS2 game backups being sold on the net, is that legal in the states or canada? what type of disclamer do i need to imply?

Thanks.


just get your hands on the money, nothing else matters

[paniq]

ATTN! it is not illegal to sell your only remaining copy no matter what form it is in. technically it would be legal to sell him the ISO via FTP so long as you destroyed your copy at the same time.

Depends what country? In UK its illegal to make a digital back up for your own use! You can't back up a CD/DVD you bought in case the original goes kaput or use a copy to keep the original pristine - if the orig goes, then tough you buy anmother. You are pating for the media not the content.

I specify digital because you can make a back-up on analogue tape! The reason for this was because many many people had VHS tapes of TV programs and the govt didn't want to make so many criminals overnight!

As to PS2 back-ups they are illegal, but as different countries haver different laws then they get away with it by selling from a country that allows it.

Maybe you could sell the box and manual and give the back-up away? How ever trying to make it legal depends on your coutry's laws.

[shawners]

yeah but look at the xbox, you do any modifying to it. your breaking the DMCA.. which vehicals have computers and chips. Yet no law gets broken. If i take a car, modify it, resale it more then its worth. Im making money on changing the very thing they made.

[moneoa]

the ps2 backup site get away with it because it isnt illegal to give away free backups(as long as u own the game) :gj
Yes it is, read the American copyright act.
Fair use argument can only be used if its you making a copy for YOU.
If I copied some Games and opened a shop that gave away free "backups" My ass would be busted just as if I had put these "backups" into a shared folder or on BT.
That argument didnt work for the shiteloads of warez, emulator and rom sites out there that were shut down en masse the last decade or so (all of them with the convient disclaimer that it was legal to download if you owned a copy of the orignal software.)
The fact you are not charging anything wont change the Laws opinion that you are DISTRIBUTING PIRATED MATERIAL without the permission of the original holder of the copyright. Not a bright and gooey do gooder but stating fact.
Any copyright lawyer will tell you the same

[shaggy125]

backups sites get away with it because the charge for the service not the backup its self.
they state on there site that they are providing the means of creating a backup for people who cant. therefore aslong as the user agrees to their disclaimer they are legally untouchable

[Afn]

If i have bought software, made my own legal backup, then lost the original, can i still sell my backup copy as if it were the original?

Thanks.You can do what ever you want. They want you to think that what they are selling is magically protected. DRM, funny C symbols... "magical protection".

The software and content industries want you to think software, books and printed things have "magical protection".

Any idea, product or service can be cloned or copied. If I can get you to believe that a symbol can cause you not to share something, I will put that symbol on EVERYTHING to control your thought and actions.

If you think some legal assholes are going end sharing, it is not going to happen. There are 60 million of us, and growing.

[Omyn]

Yes, copyright protection is a magical force and with it nothing on this earth can harm you !!!

*Draws out the ancient copy right symbol sits in the center and meditates*