http://www.worldlawdirect.com/forum/ Copyrights, trademarks, patents, inventions, licensing, etc. en Fri, 20 Nov 2009 23:35:43 GMT vBulletin 60 http://www.worldlawdirect.com/forum/images/vbseo_skin_2.0/misc/rss.jpg http://www.worldlawdirect.com/forum/ http://www.worldlawdirect.com/forum/copyright-trademark-patent/31645-legality-game-music-video-backups.html Tue, 17 Nov 2009 10:20:32 GMT A question was recently posed on another forum: Is it legal to make a single backup copy of a video game, of which you legally own a legitimate,... A question was recently posed on another forum:
Is it legal to make a single backup copy of a video game, of which you legally own a legitimate,
genuine copy?

Also brought up in the same thread:
Can you legally backup your music and/or DVDs and/or Blu-Ray movies?

Afaik, there really haven't been that many HUGE issues with single, single-user backup copies.
Is there a good reason for backing up your entertainment media?
Answer:
Yes!

I own a Sony Playstation and a bunch of games for it.
Playstation discs are notorious for ceasing to function due to a small scratch.
They are also incredibly notorious for being incredibly easy to scratch.
Example:
I once had the cover fall off of a spindle of CDs (The tabs holding it in place had broken, and I had not noticed this) while I was carrying it, and a few CDs off the top of the spindle took a trip across the floor.
The flooring was plywood underlayment. Two of the CDs rolled across the room in different directions. The rest landed in a pile and scattered. I picked them up, blowing the dust off of each one.
They were ALL scratched. The couple that were already used had no issues. The blanks recorded fine.
I once accidentally dropped a Playstation disc on carpet. It fell straight down. It scratched. It still works, but now the intro skips and stutters.

I've bought a couple of Gamecube discs at Gamestop that were highly, highly abused. I managed to use the toothpaste trick and get them to read fine. However, that does not always work.

There is a good reason to have a single backup copy of your games. If anything happens to the original, you have a backup, so you don't have to go out and hunt down another copy, which is especially difficult with older games. Furthermore, it is wiser to use the copy rather than the original. If you use the copy, you're not risking damage to the original. The copy gets damaged and won't read even after trying to save it, you make another backup copy, and destroy the old backup copy. I have done this more than once.

I realize that with current generation systems, manufacturers and developers worry that their work is going to be pirated. I do suppose that is a legitimate concern. That doesn't mean the rest of us should be liable for what a few criminals are willing to do to avoid paying for games.

I remember reading somewhere a while back that Atari had basically said "We don't care, we can't possibly make any profit from the games" about the old Atari systems. I see no reason why anybody would cause a stir about someone legitimately backing up software for a console that is no longer in production, from which the manufacturer can no longer obtain any profit other than in repairs.

My favorite Playstation games are backed up, and the rest will soon follow.
My NES games are backed up in the form of ROMs, as are my games for the SNES, Genesis, Gameboy, GBC, GBA, and N64.

Thoughts?

Music:
I am one of many people who enjoys listening to music in the car.
I decided to back up my music collection after seeing what just two weeks of being used in my car's CD player did to an original disc. Over a year later, many of my backups are over half way to the point where nothing will be able to read them. At some point, I intend to invest in a portable hard drive with which to make a master backup of every album I own. If I never use the originals, and I replace my backups before they get too bad, I have a nearly foolproof backup strategy.

DVD/Blu-Ray:
Ever had a DVD player malfunction and damage a disk?
I have. My legitimate copy of "The Lion, The Witch, and the Wardrobe" now has a line permanently etched in it by a malfunctioning player. Did I have the capability to back up my movies before? No.
Do I now? Yes. Would I? Yes.

If a person pays $60 for a video game, or $20 (Or more, if we're talking Blu-Ray) on a movie, or $10-$15 on a CD, is it really so bad to allow the person to protect that investment, so that they don't have to hunt down a replacement and spend MORE money to regain the lost material?

I think it rather foolhardy to tell someone they can't backup something that they paid good money for.
Doing so will only increase anger against "the system". Anger breeds rebellion. Don't encourage criminals,
make their wares less valuable.

Some people drive drunk. Some people drive drunk and cause severe harm or even death.
Should we all pay for their foolish error?
Some people use guns for illicit purposes. Should all firearms be outlawed just because of a foolish minority, when the majority is a responsible group?
Some people abuse prescriptions. Should we all pay for their foolishness?
No.
Some people pirate software, music, and movies.
Should we be unable to protect our investment in them, as law abiding, responsible citizens, because of their actions?
I think not!

So, my rambling aside, what is the legality of backing up movies, music, and games?
Furthermore, if any of this is illegal, how best to go about changing the situation? ]]> Copyright, Trademark, Patent trillium131 http://www.worldlawdirect.com/forum/copyright-trademark-patent/31645-legality-game-music-video-backups.html