Legal way to back up

siggy2guitar · #1 03-01-2008, 03:00 PM

what are the rules of creating your own backups LEGALY?
Also...
If you own the game can you download it from the internet?

jleemero · #2 03-01-2008, 03:37 PM

Erm...
I'm not sure about your first question...

But your second, can you download a game from the internet if you own that game...
No.
Not legally, no.
Distribution of ROMs (and that includes ISOs) is completely illegal, period.
That only way to legally obtain a backup is making it yourself.

I'm sure others will have more specifics that I don't...

Fat D · #3 03-01-2008, 04:19 PM

It depends on your local laws. But you always have to keep the copy to yourself and destroy it when you give away the original.

coolethan · #4 03-01-2008, 05:00 PM

well, technically you can have legal backups.
But by law any form of Modification to any system including Flip Top, Firmware hacks, Swap Discs, Modchips etc. basically anything you can load a backup with is illegal.

so yeah, backups legal? of course.
modification to systems? nope.

siggy2guitar · #5 03-02-2008, 01:18 AM

sucks we cant download isos off the internet... but i hear that it is completely legal to modify your console as long as you do not run any software that you do not own.

dark_requiem · #6 03-02-2008, 12:14 PM

Assuming you're in the US, you'd be governed by the DMCA (Digital Millennium Copyright Act, something which, unfortunately, is being copied in other countries as well). This states that, while it is legal to make backups for personal use, it is illegal to circumvent any form of copy protection to do so. In other words, your LG drive and original game disc can legally get you a backup copy, but since modchips circumvent copy protections on the console, it is illegal to install a modchip to actually use your legal backup copy. So basically, you can have your cake, you just get prosecuted if you eat it.

As to downloading an iso of a game you legally own (disclaimer: IANAL), to my knowledge that has never been tested in court (at least in the US). As far as I know, most illegal downloading cases focus on those who have downloaded content without owning a legal copy, so precedent has yet to be established for downloading a copy of content you legally own. Logically, downloading a copy of content you legally own seems like having someone else make a backup of your legal media for you, but the courts rarely function on logic. If anyone can cite a specific case which has already established a precedent in this matter, I'd be curious to hear about it.

brakken · #7 03-02-2008, 12:20 PM

It's also technically illegal under that crap they call the DMCA to make a backup of a MP3 from a CD and use it on your iPod. As long as you're making backups of stuff you own and using them for backup purposes I see no reason why anyone would go after you for using a modchip to protect your investment. However, if you're modding consoles and selling pirated games or downloading thousands of games you don't own then I feel no remorse for you if you get busted.

Ex-Cyber · #8 03-02-2008, 05:29 PM

Quote:

Originally Posted by brakken

It's also technically illegal under that crap they call the DMCA to make a backup of a MP3 from a CD and use it on your iPod.

Link? I don't think I've heard that one, and I'd love to see the contortions required to make that argument.

thacheese · #9 03-02-2008, 07:36 PM

they say that copying a cd to your hard drive is an unauthorized copy, and they recently used that argument to go after someone who claimed to own every track they found on his computer (he was accused of sharing initially). there were a few articles on neowin and betanews regarding this a while back.

http://neowin.net/news/main/07/12/11...ply&cid=600634

volsfan91 · #10 03-02-2008, 09:03 PM

DMCA = unconstitutional.

Pushed through like mad so no one would pitch a fit over it.

Would never pass today.

Ex-Cyber · #11 03-02-2008, 10:06 PM

Quote:

Originally Posted by thacheese

they say that copying a cd to your hard drive is an unauthorized copy

I don't see how that argument is based on the DMCA any more than Sony v. Universal was: someone made a copy, the RIAA claims infringement, and the person making the copy claims fair use. That's all in Chapter 1.

Quote:

Originally Posted by volsfan91

Would never pass today.

I wouldn't count on that. The fact that the "PRO IP Act" was even seriously proposed is pretty scary.

legal Forum · #12 07-09-2009, 10:43 AM

ive answered a lot of questions and hopefully karma will do me good... but yeah^^^^ whats the easiest way that i could make my own backups. please explain very thorough. im slow at first but can pick it up if explained well

whitegoose · #13 07-09-2009, 10:57 AM

Quote:

Originally Posted by legal Forum

ive answered a lot of questions and hopefully karma will do me good... but yeah^^^^ whats the easiest way that i could make my own backups. please explain very thorough. im slow at first but can pick it up if explained well

as some one mentioned before, the only real way to make a legal back up of a wii game is to use an LG drive that can read them and raw dump/frii dump. using your wii to backup your game with the various homebrew apps available may not be considered legal because of the addition of that software to your wii...

but like brakken mentioned, reason seems to dictate if you own the game, you should be able to back it up and play that backup.

Capt_Trips · #14 07-09-2009, 11:37 AM

1) You may have one copy, but it must be on the same type of media.
2) If you sell the original, you must also include the copy.

In other words, It is not legal to back up a Wii game because you cannot buy triple partition dvds.

But we all neglect one thing: Trial by Jury.

There is not a jury in the land that would convict someone for this.

Normal people steal TV and music: We are talking about back-ups of stuff you have to have a hard copy of to back up.

To say it again, There is presently no legal way to back up a Wii game, and until those disks are marketed blank, there will be no legal way to back up your wii games.

HCK91 · #15 07-09-2009, 11:49 AM

I quote Capt_Trips...DMCA SUCKS

Fat D · #16 07-09-2009, 11:50 AM

Actually, making any kind of copy of your software is far more questionable legally than running unauthorized code. Rawdump is just as much protection circumvention as the wii-based dumpers.

Chickenfloss · #17 11-04-2009, 02:02 AM

There isn't one. As stated above you have to make a perfect copy using software that doesn't circumvent protection in anyway. Changing the ISO bit size to match original or ANY change to it to make it a playable backup is thus circumvention and illegal. The only legal way is under a law passed awhile back stating something along the lines of, "If media becomes reasonably unavailable via retail the media can then be backed up for preservation purposes and listed." Thus legalizing emulators and roms of older systems like MAME etc, eventually the Wii. HOWEVER, this is only for systems/media deemed reasonably unavailable which is a matter of opinion. Also, the only legal way to back them up and share them is as a recognized library I believe. Personal use is still prohibited.

In conclusion, the USA will **** you over all of the time for the rest of eternity, because they don't care about constitutional rights. They only care about what the big companies, that give them lots of tax money, want. Which of course is laws to bring them more power and money. Piracy is problematic to that plan so...there you go.

f0xrolder · #18 11-05-2009, 06:55 AM

Its legal in Australia. WEre allowed by law to install mod chips. and to make legal backups of any software, dvd etc... we have legally purchased.

All of my wii games are 100% scratch free, well 99% atleast, lent a few out, and will prob come back covered in scratches but if i had of known about soft modding, homebrew before I got it chipped I would have just done so and not bothered chipping it.

as far as i know it, dvd's like everything else manufactured nowadays, arnt meant to last forever, as far as im aware, a dvd prob has a shelf life of 15 to 20 years give or take.

hatredg0d · #19 11-05-2009, 12:12 PM

Capt_Trips, i dont buy triple partition hard drives when i go to the store, i partition them myself. so triple partition dvd's, isnt that something we would also do ourself? just that current hardware/drivers dont support it. just curious. not that i truly see a reason to partition a dvd, to me that would be similar like partitioning my flash drives. also, if someone made a back up iso, and had a mod chip, and burned it onto a disk, wouldnt that disk have the almost exact same data structure? i mean it would play in the wii if it wasnt booked as type dvd-r right?