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Old 03-07-2007, 01:11 AM   #1
weirdami
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Default backup and manual vs piracy

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?
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Old 03-07-2007, 01:24 AM   #2
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Default Re: backup and manual vs piracy

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.
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Old 03-07-2007, 01:34 AM   #3
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Default Re: backup and manual vs piracy

What if the original game was copy protected and the copy has a cracktro?
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Old 03-07-2007, 01:55 AM   #4
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Default Re: backup and manual vs piracy

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

And who wants to buy a copied disk anyway ?
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Old 03-07-2007, 02:02 AM   #5
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Default Re: backup and manual vs piracy

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.
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Old 03-07-2007, 02:04 AM   #6
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Default Re: backup and manual vs piracy

@Minuous

What country is that? ;-)
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Old 03-07-2007, 02:07 AM   #7
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Default Re: backup and manual vs piracy



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Old 03-07-2007, 02:10 AM   #8
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Default Re: backup and manual vs piracy

Australia unfortunately.
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Old 03-07-2007, 03:38 AM   #9
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Default Re: backup and manual vs piracy

@Minuous

I assume this has something to do with the right to use software, as opposed to owning it?
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Old 03-07-2007, 03:48 AM   #10
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Default Re: backup and manual vs piracy

@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.
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Old 03-07-2007, 04:20 AM   #11
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Default Re: backup and manual vs piracy

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.
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Old 03-07-2007, 04:50 AM   #12
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Default Re: backup and manual vs piracy

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:
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Old 03-07-2007, 07:31 AM   #13
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Default Re: backup and manual vs piracy

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).
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Old 03-07-2007, 07:34 AM   #14
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Default Re: backup and manual vs piracy

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.
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Old 03-08-2007, 09:55 AM   #15
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Default Re: backup and manual vs piracy

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.
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Old 03-08-2007, 11:19 AM   #16
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Default Re: backup and manual vs piracy

Quote:
The physical presence of the original disk is sort of like a "proof of purchase"...
That's what I was thinking having the manual was, which is why I posed the question. I guess it's not exactly the same thing. In reverse, I guess I could ask if it was alright to sell a photo copy of the manual with my original game disk. The answer's the same, I'm guessing.

I'm not wearing Guess jeans, no. :-P

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Old 03-08-2007, 11:25 AM   #17
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Default Re: backup and manual vs piracy

Yeah just sell it.

Who cares about pirated Amiga games anyway?

Even Pirated games/DVDs on ebay just get removed with no consequences.

You would really have to be a sad {bleep} to report someone selling a disk box full of 'blanks'
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Old 03-08-2007, 12:07 PM   #18
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Default Re: backup and manual vs piracy

Like others pointed out, it depends on the country you are located within. Morally though i think it is perfectly alright to sell this, since the orginal disk is now gone. It would however be a totally different case if you lets say gave away or sold the orginal copy and then intended to sell the copy.
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Old 03-08-2007, 01:22 PM   #19
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Default Re: backup and manual vs piracy

Let's pretend just for the sake of it that you wanted to seel one book.

You would exchange your right to have it, reading and all the benifits you would get fom having it and exchnage it for other kind of goods, usually money. Now, you have one game to sell and the manual, what would be the game's value?

(1) Playing the game itself, (2) having the manual in case some copy protection is needed or the game itself needs some kind of advice towrds playing it, and (3) original disks (4) original boxes, and althought (3) and (4) aren't needed for the actual act of playing it (as it will run in backups, adfs, whatever) they are there to present a physical value to the package.

From here we have that not having (3) the costumer might value a litle less, or perhaps not, it's up to him. If one would sell the original how would one know that the previous owner didn't made a backup?

My advice... sell one book for the price and give away free your backup disk! ;-)
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