>On Fri, Feb 14, 2003 at 01:58:20PM +1200, Yuri de Groot wrote: >> (3)Subsection (1) of this section does not apply to the making of a copy of >> a computer program� >> >> (b)Contrary to an express direction by or on behalf of the owner of the copyright > >so if the owner of the software tells you that you are not allowed to >make a backup copy, then you can't make one.
Only if the owner forbids it _before_ you acquire it. So for shrink wrap it has to be printed outside the box. If the EULA forbids it during installation, I can still make a back-up because the clause says "not later than ... [the user] acquired that original copy." You quoted only part of the clause: (b)Contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy. This is fair. If I know the terms before I buy, cool. Post sale conditions forbidding back-ups do not hold under this law. IANAL, but I can read and reason, and NZ legislation that I've read so far, while wordy, is not overly obfuscated (like this sentence :-) (Gee, maybe I _should_ be a lawyer :-) Yuri.
