Piracy-question

[rtyp3]

I have wondered this for a while- Can the producer or publisher state that when you use a product you agree not to reproduce the material in any way? (I'm talking bout music, movies, software, etc.) Kind of like a disclaimer-"By using this you are agreeing not to reproduce... blah blah blah". So the laws of backups and archives still exist, but they are getting around it with this so no one can create a backup. Or does the law over-rule this and no matter what the user supposedly agrees to, they still can do whatever they want?

[SoopaStar]

Usually there is clause in there regarding the backup copies (which states you already own the original and are making a backup for personal use). And they can do that. They have a right to protect their prodcut. It will usually also say that the software may not be distributed in any way, shape, or form, in whole or in part through any means without written consent of the copyright holder.
Paul

[rtyp3]

Well then why don't they?

[ghostface]

usually this clause is on the sticker that you have to break to access the software like most MS products. Others put it in the license agreement you click on when you install. I'm pretty sure it's in the back of the manual stating that by using the software you agree to all that mumbo jumbo.

[rtyp3]

If the music industry put this on cds, then people would not be able to make mp3s, right? People get away with having most mp3s, because they say they are for backup or archival purposes. If they had to agree to this, then they wouldn't be able to make these backups, therefore it would be illegal to have these on your computer or on the web to distribute. That would end the controversy the music industry is having with this backups issue. So, what are they waiting for?

[bobcat]

How would "WORDS" stop people from making "BACKUP" copies of music or anything else?

[dos7]

I dont think the record companies, and the music industry in general, had "backups" in mind when they came up with their copyright laws. It became a concern when the mass distribution of music made the shift from vinyl to magnetic tape, ie: 8 track and mini cassette. Until then, it wasn't very practical for the average audiophile to duplicate music, but with the advent of magnetically stored music, piracy became a concern. Music piracy was quite big way before the WWW and mp3's came along it's just that the mode of distribution was different and relatively limited compared to now. As far as the music industry was concerned,if you wanted a "Backup",they expected you to purchase another copy, but the software industry differed in this matter,due to inherent differences in the product and the industry itself. Software companies knew how essential it was to have backups of software,whereas the copyright laws pertaining to film and music predate the technological luxury of point and click duplication.

All Rights Reserved. Unauthorized duplication is a violation of applicable laws