Re: Digital Backup (was: [ProgSoc] Copyright)

[Telford <telford@nospam.progsoc.uts.edu.au>]

On Mon, May 07, 2001 at 04:52:51PM +1000, Murray Grant wrote:
> > On a similar note, what is law regarding back up of information on a
> > digital media (game, music CD etc) I was making a backup of the Sims
> > CD that I bought (no lie :) I truly bought a copy). The annoying thing
> > is that I can install from the copied CD but not play it! What right
> > does a company from preventing me making a backup???
> 
> You should read the licence agreement for specific program. It will 
> spell out what you can and can't do with your program. Having said 
> that, most EULAs allow you to make a single copy of your 
> software for backup purposes. There are websites out there that 
> distribute patched copies of the executable that allow you to play 
> your game from copied cds, however, I can't remember the name of 
> any of them off the top of my head.

There are uniform consumer laws that make most EULA shrink-wrap
licenses irrelevant. For example, if you buy any product and take
it home and find that it does not work, you have a right to return
it within 5 days and ask for either something that does work or
your money back... whether you opened the shrinky is not an issue.
If you can't get it to work because you are too stupid or because 
you dropped it too many times, that is an issue.

I can't remember the details about backups but I believe that
consumers do have the right to make backups (they used to do at
any rate).

Companies such as Sony and Nintendo have taken this right away from
consumers quite successfully and it has gone unchallenged but as
always you only have the rights that you can fight for.

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