Legal question re: CD key

Edward Yee · Post by **Edward Yee** » 2007-04-29 02:36pm

Under current law (I guess US), would there be anything violated if I were to make a backup copy of my WarCraft III: The Frozen Throne disc (bought retail) but used the retail CD key for it? (Thus making a copy of the physical media but not trying to avoid payment, since as the CD key -- as of then? -- I believe allowed me unlimited re/installs.)

General Zod · Post by **General Zod** » 2007-04-29 02:46pm

If you have to overcome copy protection that is on the game to make the backup, then you'd be violating the DMCA. Stupid, but that's how it is.

Rye · Post by **Rye** » 2007-04-29 02:47pm

What does it matter?

I would just do it.

I don't think that's against US fair use/backing up laws, though.

Master of Cards · Post by **Master of Cards** » 2007-04-29 03:46pm

Rye wrote:What does it matter? I would just do it.

I don't think that's against US fair use/backing up laws, though.

There is DMCA

ArmorPierce · Post by **ArmorPierce** » 2007-04-29 06:10pm

I believe that you are legally allowed to make a back up copy.

Master of Cards · Post by **Master of Cards** » 2007-04-29 06:23pm

ArmorPierce wrote:I believe that you are legally allowed to make a back up copy.

but you can't legally crack the cypher

Vendetta · Post by **Vendetta** » 2007-04-29 06:41pm

Well, there's probably something somewhere in the EULA that says you're not allowed to, but as long as you don't subsequently sell on the original, I'd say you're OK.

Seggybop · Post by **Seggybop** » 2007-04-29 06:50pm

You're really buying the cdkey, not the game media. Copy at will, I don't get why you'd bother to ask.

Archaic` · Post by **Archaic`** » 2007-04-29 09:57pm

It's technically illegal, thanks to the DCMA, since you'd need to crack the cypher to correctly copy the disk, but in all honesty...it doesn't really matter. You're using the CD-Key that you yourself purchased the rights to, and you're not intending to sell the copy that you've made, only use it so you can archive and protect your original disc. The RIAA would try to prosecute a person for that, but video games studios? Nah.

Stark · Post by **Stark** » 2007-04-29 10:00pm

How would they even FIND OUT? All they know is that your legal cd key is being used on their servers, only once at a time, etc. There's no way of knowing you installed off a copied disk.

I back up all my games as images - jamming multiple disks into a single image, if possible, because I hate changing disks - as a matter of course. It's far more convienient, and I'm incredibly absent-minded and lose disks for years at a time.

Edward Yee · Post by **Edward Yee** » 2007-04-30 12:27am

Archaic wrote:It's technically illegal, thanks to the DCMA, since you'd need to crack the cypher to correctly copy the disk

Eh? I didn't hear of this part.

I do intend not to resell the original disc or use a keygen, just to have a backup disc (as for the use of then using a "no-CD" whatever after installation?), and so I wanted to know if there was any legal hangup, even a technicality like DMCA.

Nephtys · Post by **Nephtys** » 2007-04-30 01:48am

I'm sure the supposed DCMA illegality of making a CD Copy for your own use is about the same as how it's against the Law in California to drive a horseless carriage at night without someone lighting the road in front of you with a lantern, or how it's illegal to have x-mas lights up on your house past Febuary.

It's something you can safely and morally ignore. It's like selling you a car, with fine print saying you should only buy gasoline at Shell, or else.

Edward Yee · Post by **Edward Yee** » 2007-04-30 02:51am

Morally is one thing, but I didn't know that I would have to crack a cypher or something to actually make the physical copy.

Stark · Post by **Stark** » 2007-04-30 02:54am

You don't have to 'do' anything, the software will do it for you as part of the normal copying process. It's just that (apparently) breaking the copy protection on the disks (or hacking the copy protection out of the installed software) is against the law. Those, evil, unjust, protect-the-corps laws.

Praxis · Post by **Praxis** » 2007-04-30 03:27am

I've always considered it a contradiction; one law gives you the right to make a backup copy, the other makes the act of doing so illegal. So I ignore the latter.

brianeyci · Post by **brianeyci** » 2007-04-30 03:44am

Someone might call me a self-serving prick, but in cases like this with a moral and legal gray area and contradictions I always think of the chances of being caught, and who is actually getting hurt. So you fill in the blanks.

brianeyci is not responsible for any misuse of his advice, or if the cd-demons come and kill you when you make a backup listen at your own risk.