BSA Says Backups Are "Infringement"

Discussion in 'NZ Computing' started by Lawrence D'Oliveiro, Apr 9, 2009.

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  1. Lawrence D'Oliveiro

    impossible Guest

    Don't me melodramatic. Backups of data on machines where software is
    properly licensed are never in dispute.
     
    impossible, Apr 9, 2009
    #2
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  2. Lawrence D'Oliveiro

    impossible Guest

    Now you're being obtuse. Backups of data on or from from machines where
    software is
    properly licensed are never in dispute.
     
    impossible, Apr 9, 2009
    #3
  3. They would have no police powers. But they could threaten you with a lawsuit
    if you don't let them in to check. That's the only power they could have.
     
    Lawrence D'Oliveiro, Apr 9, 2009
    #4
  4. Lawrence D'Oliveiro

    Your Name Guest


    With a few exceptions, it has AWLAYS been illegal to make copies of someone
    else's material, and that includes original software install discs, music
    CDs, movie DVDs / VHS tapes, etc., even to make so-called "backups" which
    are often simply an excuse to pirate the original. If you buy a music CD and
    it gets scratched, then tough cheese, go and buy a new one just like you do
    when you're car gets written off or your house burns down, etc.
     
    Your Name, Apr 9, 2009
    #5
  5. Uh ... no. Free Software has always been free to copy. And there's also fair
    dealing/fair use.
    Not sure why you're against the idea of making backups. Were you scared by a
    backup as a baby?
     
    Lawrence D'Oliveiro, Apr 9, 2009
    #6
  6. Lawrence D'Oliveiro

    Your Name Guest

    Damn! I didn't see it was posted by this idiot. The fool believes scumbag
    scalpers are fine, so of course he's going to fine scumbag pirates as well.
    I won't be wasting any more time in this topic. :-\
     
    Your Name, Apr 9, 2009
    #7
  7. Lawrence D'Oliveiro

    Keith Guest

    Bad analogy - the cost of a copyrighted work is in the licence to use
    the IP not the plastic it is carried on.

    Remember all this law is about IP protection, all the complaints are
    about IP theft etc, not about the durability of the medium.

    Why shouldn't the consumer have some protection of the licence they
    purchased?
     
    Keith, Apr 9, 2009
    #8
  8. Lawrence D'Oliveiro

    Me Guest

    Even badder analogy given that most software can be available for d/l,
    replacement disks obtained, or a disk borrowed, and then activated using
    the purchased key - without infringing any laws.
    If the music industry used such a system, then they'd be fighting to
    ensure that writing down a product activation key on a piece of paper
    and storing it in a safe place was a criminal offense.
     
    Me, Apr 9, 2009
    #9
  9. Lawrence D'Oliveiro

    impossible Guest

    Backups of data on machines that are running licensed software are not at
    issue. Pirated software, on the other hand, could invite a court order
    seizing all of your data until a proper audit determines exactly what was
    produced illegally. It's either that, or the navy swoops in and just blows
    the pirates out of the water -- I forget.
     
    impossible, Apr 9, 2009
    #10
  10. Luckily, I live inland! I doubt pirates would bother trying to sail up
    the Waikato river when they could just attack coastal targets. And I
    think the Waikato river probably isn't deep enough for a ship of any
    significant size to be sailed up it so pirates probably couldnt attack
    inland even if they wanted to!

    Thankfully NZ law does take piracy reasonably seriously though.
    Section 94 of the crimes act of 1961 defines the following punishment
    for those who have committed piratical acts (as defined in section
    93):
    a) life imprisonment if, in committing the piratical act, he
    murders, attempts to murder or does any act likely to endanger the
    life of any person
    b) imprisonment for a term not exceeding 14 years

    Anyhow, piracy seems entirely unrelated to the discussion of copyright
    law and how it relates to the duplication of licensed copyrighted
    works stored in digital form for the purpose of creating backups.
     
    David Goodwin, Apr 9, 2009
    #11
  11. Lawrence D'Oliveiro

    Your Name Guest

    You purchase a license to USE the material (read, play the music, install
    the software on X number of computers, etc.). Most of the licenses do NOT
    allow you to make any kind of copy, and that includes a so-called "back-up".
     
    Your Name, Apr 9, 2009
    #12
  12. Lawrence D'Oliveiro

    Woger Guest

    Please not this utter Crap was posted by a mentally deranged Lunix Idiot, so
    take it with a Big pinch of salt..
     
    Woger, Apr 10, 2009
    #13
  13. Lawrence D'Oliveiro

    Party Animal Guest

    However fair use provisions recently introduced in the copyright act now
    allow format shifting and thats the law, you may use a copy, just not
    concurrently.
    Copyright was designed to control manufacturing rights of runs of many
    copies by a printing press or record plant.
    It makes no sense in the age of computing where the internet is
    effectively your library to create any distinction between the content
    you have on your harddrive and the content on anyone elses, as you say,
    the intent is to compensate the copyright holder for the use you make of
    the media.
     
    Party Animal, Apr 10, 2009
    #14
  14. ...whereas your bullshit should be taken with a front-end-loader full of
    salt.
     
    Nicolaas Hawkins, Apr 10, 2009
    #15
  15. Lawrence D'Oliveiro

    impossible Guest

    Just anothert Larry D'Loserism. Ever bothered to actually read the Windows
    EULA, for example?

    Vista version:

    http://tinyurl.com/yhmyjk

    "10. BACKUP COPY. You may make one backup copy of the media. You may use it
    only to reinstall
    the software."


    XP version:

    http://proprietary.clendons.co.nz/licenses/eula/windowsxphome-eula.htm

    "Back-up Copy. IF MANUFACTURER HAS NOT INCLUDED A BACK-UP COPY OF THE
    SOFTWARE WITH THE COMPUTER ON PHYSICAL MEDIA (e.g. CD OR PARTITIONED HARD
    DRIVE), YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. You may use the
    back-up copy solely for your archival purposes and to reinstall the SOFTWARE
    on the COMPUTER"

    Many other licenses, like those for SAS, permit you to install at least two
    copies of the software so long as you only use one at a time (e.g., home &
    office).
     
    impossible, Apr 10, 2009
    #16
  16. Lawrence D'Oliveiro

    Your Name Guest

    A. I'm not stupid enough to use Windoze (except when forced to by hopeless
    Internet providers!!).

    B. I never said "all" licenses. Obviously different license agreements say
    different things ... that's why you should read them, but ...

    C. Most people never bother to read the small print anyway and simply
    assume
    they can make a "backup", when in fact they very often aren't allowed
    to.
     
    Your Name, Apr 10, 2009
    #17
  17. Lawrence D'Oliveiro

    impossible Guest

    No, you said "most". But with 90+% of desktops, and half the servers,
    running Windows, then you'd be wrong by a factor of....let's see...TOTALLY!
    Yes, you should. Then you wouldn't make wild claims you can't back up (pun
    intended) with evidence.
    Name the software products you know that prohibit making a backup copy of
    the installation files.
     
    impossible, Apr 10, 2009
    #18
  18. Lawrence D'Oliveiro

    Your Name Guest

    As I said, read the small print, and it's not just for software, it's also
    on books, CDs, DVDs, etc. ... but believe whatever you want. I can't be
    bothered spoonfeeding idiots who simply want to find an excuse to allow
    their own piracy. To quote Han Solo: "Stupid conversation anyway." :-\
     
    Your Name, Apr 11, 2009
    #19
  19. Lawrence D'Oliveiro

    impossible Guest

    Busted, scumbag! Now slink away.
     
    impossible, Apr 11, 2009
    #20
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