Is it ILLEGAL to make a backup of **ANY** Software in the UK?

Hey everyone,

I have been doing a little research into copyright laws in the UK and would like your opinion/interpretation on the “UK copyright, design and patents act of 1988”. I went to http://www.hmso.gov.uk/acts/acts1988...80048_en_1.htm to view an online version of the act.

First things first I know nothing about law and have no formal qualifications or otherwise in law or anything resembling it, but I can read (well just about) .

I have been paying particular attention to “Devices designed to circumvent copy-protection.” http://www.hmso.gov.uk/acts/acts1988...1.htm#mdiv296.
It states:
“296.—(1) This section applies where copies of a copyright work are issued to the public, by or with the licence of the copyright owner, in an electronic form which is copy-protected.

(2) The person issuing the copies to the public has the same rights against a person who, knowing or having reason to believe that it will be used to make infringing copies—
(a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means specifically designed or adapted to circumvent the form of copy-protection employed, or
(b) publishes information intended to enable or assist persons to circumvent that form of copy-protection,
as a copyright owner has in respect of an infringement of copyright.”

Now the key word here seems to be “circumvent”, which means:

(Courtesy of www.dictionary.com search word “circumvent”)
cir•cum•vent (sûr k m-v nt )
tr.v. cir•cum•vent•ed, cir•cum•vent•ing, cir•cum•vents
1. To surround (an enemy, for example); enclose or entrap.
2. To go around; bypass: circumvented the city.
3. To avoid or get around by artful maneuvering: She planned a way to circumvent all the bureaucratic red tape.
I believe the 2nd meaning applies here. I have heard many people stating that if you do not alter the copy protection used to protect a piece of software and you own the piece of software with the appropriate license then you are “legally” allowed to backup that piece of software. I disagree with this based on the above extract from the copyrights act and the meaning of the word “circumvent”.

The way I interpret the act is it is saying something like this:

“If I have a wall around my house which is used to keep people out and to **CIRCUMVENT** the wall in any way is breaking the law then if you get passed the wall by **ANY** means you have “circumvented” it. It doesn’t matter if you burrowed under the wall, climbed over, dropped down, teleported in or any other way you still got passed the wall and so have broken the law.

So in the case of CloneCD I can’t see how it matters if you use AWS or not or even if you use BB to copy the game. The fact you manage to copy a copy protected game by any means is proof you have circumvented the said copy protection.

Even if this can be shown to not be circumventing the copy protection then using features such as no-cd cracks and even the hide cd-r media function of CloneCD is definitely circumventing the copy protection.

Like I mentioned above I don’t know the first thing about law so I would like your input into how you interpret the copyright act.

I really do hope my interpretation is incorrect because if it isn’t it means you cannot legally make ANY backup of any software you own if you live in the UK (which I do) ;(

This really sucks I hope I’m wrong.

Look forward to the various responses

Spunky

In some cases you cannot make a backup copy at all because of the EUL of the particular program.

A while back a link was posted here on some legal aspects of copyrights...
http://www.templetons.com/brad/copymyths.html

For other interesting links on consumer's rights and copyrighths can be found here:
http://www.beuc.org/index_e.htm
http://www.bitlaw.com/
http://www.eff.org/ip/DMCA/hr2281_dm...pl105-304.html
http://www.loc.gov/copyright/legislation/dmca.pdf
http://lcweb.loc.gov/copyright/
http://www.whatiscopyright.org/
http://maximumpc.com/reprints/reprint_2002-01-08.html

Sorry I don't have time no to enter the discussion on this, it is something that interests me and I do know a little bit about law (mostly tax law though)....

@Da_Taxman,

Hey thanks for the links I shall check them out when I have a chance.

If you get a bit of free time I would like to know what your interpretation of the copyright act is.

Thanks

Spunky