D wrote:Ex-Cyber wrote:D wrote:You could have legally downloaded the cracked image, because you own the original.
I'm not sure this has ever been tested in court. It might be fair use / fair dealing, but I've never heard of a ruling or analysis to that effect.
I think you're right, he should have just bought a new copy of Ikaruga for the dc. That's what I would want people to do if I sold games and no renting/borrowing/one time backing up/trading/selling/buying secondhand videogames.
Stealing from a store? not a problem, because the game developers/publishers still got their money already!
I've never seen a ruling on it myself neither. I've seen the US law interpreted a couple of different ways, but from what I've gathered reading it, the backups apply to either the copyright owner of the software who is allowed to keep backup/archive copies in case something happens to the original and are to be used to replace the original. If the original is sold to a new copyright holder, so too must the backups/archives, and vice versa. As far as discs/carts go, you own the medium and can use the medium and software according to whatever terms copyright holder has set which, in most cases, doesn't include making a copy the software.
The other instance is in the case of software that is installed (as on a computer). You can have 1 copy, the copy that is installed, or more if the copyright holder grants such (multiple installations). You can also make a backup of the installed copy in case something happens to it. What's a stickler is how this applies to consoles which now can install games and download content.
But, like I said earlier, the law is open to interpretation.