At 10:59 AM -0400 10/13/2004, Charles Martin wrote:
While I don't think there's any legal test of the next sentence, it's my BELIEF that a "clone" or other "system backup" you might do to, for example, an external hard drive doesn't "count" as a copy (legal or otherwise) of the software, since it's not in use.
Just to clarify:
There are two separately licensed "issues" involved: Use and Copies.
The product license lets you place a copy of the product on your computer for Use. That's the 1st Copy. Some licenses permit Multiple Use, so you can put the product on several computers *that you own*. Then the license permits one or more Copies to be made that are NOT kept on a computer. Those are the backups.
Sometimes there is a "conflict" between licensing terms and state and federal copyright laws; but the law wins. The creation of a backup is "fair use". So regardless of what the license says, backups are legal! One thing that has never been tested in court, AFAIK, is how many backups are legal? One in a drawer, one in a safe, one at home, one outside of the nuclear fallout zone,...
The original media is NOT a backup. It is just the original media.
I also disagree with your contention that you are purchasing new copies of movies or music because the technology's improved, you are purchasing a new copy because the old one broke.
I don't know about your reasons, but the reasons most of us "upgraded" from VHS to DVD was because of the vastly improved picture/sound, extras etc., not because the VHS "broke." If you're breaking stuff on such a frequent basis that you actually have to routinely buy replacement copies, perhaps you should reconsider the wisdom of allowing a bull to roam your china shop, so to speak.
The VHS product is very different from the DVD product. The DVD does not contain a simple transfer of the VHS version of the copyrighted material. So it's not new copies, it's whole new product.
As for breaking stuff... Back in the days when VHS tapes were expensive, if the tape died, you could send it back to the manufacturer and they'd replace it for a nominal fee. I did that with a number of old VHS tapes. Of course, now that VHS movies are dirt cheap, I doubt they'd do it. But they will now do it for DVDs...
- Dan.
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