Backups?

[jimlan]

Hi, can someone explain why backups are so called?, I hear conflicting things, that you have to own the original game, cant work that out, have had the box a couple of years now, not being used much, never go on line live, so have a chance of getting it flashed, but not sure.

thanks

[cunny]

Backups are called so, due to the fact you are 'backing up' the original (you are allowed to create 1 backup of a disc you own) but its illegal to make backups to sell on.

If you post the MFR date off the back of the box, or the drive inside the box we can help you further.

The drive detail including firmware revision would be the best way to tell.

[chroma]

Its a bit of a grey area.
according to the Copyright, Designs and Patents Act 1988 section 50A:Back up copies.

(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.

(2)For the purposes of this section and sections 50B [F2, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.

However "The Copyright and Related Rights Regulations 2003" :

Circumvention of protection measures

Circumvention of technical devices applied to computer programs

296
(1) This section applies where?

(a)a technical device has been applied to a computer program; and

(b)a person

(A) knowing or having reason to believe that it will be used to make infringing copies?

(i)manufactures for sale or hire, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire or has in his possession for commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of the technical device; or

(ii) publishes information intended to enable or assist persons to remove or circumvent the technical device.

this technicly means that although you CAN legaly make backup copies of your software its illegal to do so if you need to get around some technical measure which would otherwise prevent you from doing so.


In the case of XBOX games you need to use a specific drive in order to copy your software meaning that strictly speaking your breaking the law by knowingly circumventing a technical device.

Its the same story in the states with the Digital Millenium Copyright Act (DCMA) in fact our section is pretty much copy pasted from the US statute.

Which poses the question you initialy asked "WHY THE HELL DO PEOPLE STILL REFER TO THEM AS BACKUPS?" when the difference between pirate software and backups in this case is moot at best.

I cant work it out, in this case why not just call a spade a spade? i mean by using a kreon drive or 0800 firmware drives your breaking the law regardless.

[cunny]

Its always been a bit of a grey area, i believe they calling for a review of the Copyright Laws (again) but with supposed tighter internet downloading laws, people will start renting and ripping.