Is it legal to sell backups or just make them?

im new here duh:p
anyway, i was wondering the current laws in the US regarding selling backup cd’s. is it legal to sell them or just make them?
Any help would be greatly appreciated

Thanks a lot,

O.K I’ll take it that you have been living under a rock for the past 15 years or so…

Making a backup of a CD is still being argued, as far as I know in the US you can but FOR YOUR OWN USE!!!.

If you sell, lend or give away a copy of anyone elses work (whatever it is) without the copyrite holders permission, it is the same as stealing.

If it is all your own work then you can do with it as you will.

Making backups is a matter of discussion still.
However, selling backups is not, this is highly illegal.

It is for this reason I edited your post and removed your signature.

To more or less “ditto” the above posts…the whole act is murky legally now in the USA. Legally, in the USA…if you own and sell, the “original” cd…at a yard sale…on ebay…whatever…if you made a backup legally…you should destroy it. If you ripped mp3s to your hard drive from your cd for you personal use…you should delete them, legally. If you sent some of those mp3’s out to friends…on burnt media…or via the internet, while owning the original cd…you overstepped fair use…and have partaken in criminal activity…:slight_smile:

Granted…not saying do or don’t…but thats the “legalities” of it.

That is how anal the “fair use” law is here in the USA.

Originally posted by petera
If you sell, lend or give away a copy of anyone elses work (whatever it is) without the copyrite holders permission, it is the same as stealing.

I wouldn’t say that lending a game to someone is stealing, but I don’t know much about laws and such so that is all I will say.:slight_smile:

Most licence agreements say that you cannot, lend, hire or even play to an audience without the copyrite holders permission. How they could sue you if you lent your mate a DVD or CD is beyond me, but that is what is usually written.

as long as me and the person im selling the backups to have the licence to the product (from buying it) i will still offer this service even if the laws are unclear

Hi, well I’m new here. (surprized I got here, tell ya the truth. Registering was an adventure of three days … lol ) Anyway, I posted a question up a thread and noticed it was being avioded like the plague. I happened on this thread and …

I dunno, like I said I’m new here. I have a 2 1/2 yr old who can easily destroy things you would think are indestructable. So I am making back ups of my DVD childrens collection in case she gets her hands on one.

I’m no judge, but having spent 20yrs of my life in law enforcement, I can professionally say :cop: (LOL) you are innocent until proven guilty. In other words … until they make up their almighty minds :bow: on ANY issue “It ain’t illegal”


Originally posted by timdylan
as long as me and the person im selling the backups to have the licence to the product (from buying it) i will still offer this service even if the laws are unclear

i think it’s fairly obvious that this is something you can’t do. if all the seller had to do was say, “the guy i sold the ‘backup’ to told me he already owns the game,” then obviously the selling of backups would become commonplace (and practically mainstream).

also, your legal rights entitle you to backup your own game for personal use, NOT to back it up and sell it for profit. this is certainly against the law.

Aside from the specifics of DVD copying. Legal issues are of great interest to me. They all share the same probable cause burden for law enforcement no matter what you are being arrested for.

To make an example using this DVD copy thing (and it could be anything from burglary to selling narcotics). If someone tells someone else that you made a copy for them, the information is useless to law enforcement, at face value, as it is “heresay”.

If you copy a DVD for someone who provided the original and told you “in good faith” they owned the DVD and later law enforcement found the DVD and this person told them where they got it. The information is useless at face value assuming that making copies of your own DVDs is legal.

Even if you just made a DVD copy and sold it to someone, and later that person called law enforcement on you. The information at face value is not enough to arrest you.

In the above examples, law enforcement may be able to argue something called “reasonable belief” that you are engaged in illegal activity. With that level of proof, they may be able to nudge your rights a little to look deeper.

Now on the other hand, if law enforcement learned you committed (at different times lets say) all of the above acts. Then my friend you get to wear the silver bracelets.

The thing is, you DON’T have to be guilty to be arrested. Law enforcement needs to meet their burden. That is that they have “probable cause to believe a crime has been or is being committed.” If they have that, you get ink on your fingers, and a judge gets figure out the rest.

Another point of interest (maybe) no law enforcement agent can arrest you “at all” regarding something that happened in the past. Not without a warrant which is signed by a judge by the way, so if you get arrested with a warrant … ya gotta believe that the case against you is pretty good, or the judge wouldn’t sign it. So if you see the cops coming to your house a week or so after the act … you better start eating DVD as fast as you can!

I sure can’t help much with CD / DVD knowledge so if that helped anyone … I’m glad I was able to. It may be one of the few times I can, till I figure this burning stuff out myself! :smiley:

sergeant joe LOL

You can sell backups of software if you own or made it. Not too many programmers I see doing that though.

@ Jj4 - In the UK you can be arrested for any offence that you have done within the past 100 years:rolleyes: , most of the time they won’t unless they have a good case as they see more current cases a more worthy use of their time.

@ xtacydima - It’s just too expensive for small, independant programmers, teams to sell their stuff on cd, that’s one of the major plus points of the internet.