backup and manual vs piracy

[weirdami]

Here's something I never thought about until now, and only because I have this situation.

If you have the original manual for a game, but only have a back-up copy of the game that you made years ago but lost the original disk, can you sell the game and manual together? Or, since I'm asking for me, would I have to pitch the back-up disk and just sell the manual by itself?

[Minuous]

Of course you could sell the backup, that is the whole point of a backup: as a replacement for the original disk in case something happens to it.

[madsjm]

What if the original game was copy protected and the copy has a cracktro?  :lol:

[krize]

Nope, backups are for personal usage not to be sold.

And who wants to buy a copied disk anyway ?

[Minuous]

Maybe that is the case in your country but not here.

In the same way as you can sell the original if you destroy  the backup, you are legally entitled to sell the backup if you destroy the original.

[weirdami]

@Minuous

What country is that? ;-)

[motorollin]

--
moto

[Minuous]

Australia unfortunately.

[Waccoon]

@Minuous

I assume this has something to do with the right to use software, as opposed to owning it?

[adz]

@Minuous

Ummm, even a backup copy is illegal in Australia, there is no such thing as a legal "backup" downunder. Ironically enough, before the introduction of online music stores, there was no legal way to play commercial music on an MP3 player, in Australia that is.

[Minuous]

Exactly, you are buying a licence rather than the media itself, as the software publishers take pains to point out. They can't have it both ways. Fair use includes the right to transfer the work from one media to another.

[weirdami]

I think I'll keep on the safe side and just sell off the manual without the disk... or, just put it in a box with other manuals and books and sell the whole lot as a lot... for a lot.  :eureka:

[Ral-Clan]

I have to chime in too and say that, technically, you should not sell the backup.  I suppose you could sell the backup if you had the original disk for sale (even if it was corrupted).  The physical presence of the original disk is sort of like a "proof of purchase" that you owned the liscence to use your copy of the software (a single user lisence).

[Piru]

ral-clan has a point.

Indeed if the original is damaged, but you have the backup, you should include both to the sale. Also, you must clearly state that the original media is toast.

I wouldn't be selling the game without the original media.

[motrucker]

The U.S. just muddied these waters worse than they were. Now it is legal to transfer ownership of certain copyrighted materials, under certain circumstances. (usually very old, out of print software?)
Most people who read the law come away with a different take.