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Discussion in 'Wii - Console and Game Discussions' started by Aijelsop, Feb 20, 2011.
Would sending a game backup in the mail be illegal? Idk just wondering.
I mean. Yes.
Backup Disks are always piracy
Mailing it to someone seems a bit iffy, but keeping personal backups is fine in some countries. However, in most cases, 'backup' is just used in place of a pirated game, which is obviously illegal in most parts of the world.
Consult an attorney if you want an answer you can feel safe about.
If you trust some random person on the internet I would say it's completely legal if you are mailing it to someone who owns a copy of the game that is backed up.
On a related note, if you ship something media mail via the usps it can be opened and checked.
Yes it would be because you're transferring it to another person.
Of course it's illegal. It's just like sending a pirated DVD in the mail or something like that.
yes it's illegal but then so is tampering with the mail, so honestly who is going to open it
only people that can is custom's then all you need to think about is how are they going to reead the disk
i doubt they try random disk's in a wii, just write on them something like "scratched dvd please try to recover"
I don't pirate games, it was just a question
So what if it were illegal. As long as you don't put a return adresse on it, they won't dust for prints I guess
Though most folks seem to assume it is illegal, my gut would tell me it isn't. That being said, I don't believe it's a subject that has yet come up before the U.S. Supreme Court. In theory, however, so long as the file is being transferred and used privately for your own use, no copyright law has been breached. Since cloud computing is simply a virtual storage container, you're okay -- again, only if it's kept private for your use only. Uploading copyrighted materials is NOT illegal. Making them accessible to the public is.
Distribution of copyrighted material, in any form, without the copyright holders consent is illegal. It doesn't matter how many people do or do not view it.
If that were the case, it would only be the downloaders that groups like the RIAA/MPAA go after, not the uploaders because they could say "Well it's on my PRIVATE server for my own personal use, I never wanted anyone but myself to access it".
The whole idea of a personal backup copy being legal is under the impression that the owner of the original would remain the one in possession of the copy. By mailing it, the possession is transferred across a number of parties. If you send it via US Postal Office or UPS or FedEx or whomever you choose then they take possession of the item, which is why if something happens to that package they often reimburse you (the basic reimbursement insurance fee is included in the cost to send the package normally and typically covers up to $50 in the US, though this would vary by shipper).
How this relates to the digital world would be that once you upload something, even if you own the server itself, the data must have traveled via your ISP to the server -OR- for example, if you took a physical copy and copied it onto the server, that would make you responsible for distributing or intent to distribute it because you are making it available.
The above post speaks the truth. Doesn't matter who has a legitimate copy..... If they want less legal issues THEY need to back up the game themselves..
I'm gonna stop you right there. Distribution implies making available to the public. Transference and distribution aren't the same things as it pertains to copyright law. Again, I don't believe the issue has been argued before the courts, but there are ample precedents to suggest he/she could legally transfer files digitally so long as they are kept private. Copyright law in its entirety rests on what is or isn't public domain. Now, there may, indeed, be specific terms laid out by the owner of exclusive rights regarding the matter, but generally speaking, you are entitled to transfer legally obtained creative works for your own private use.
If your actions willingly cause a copy to come into somebody else's possession (and leave yours) it's considered distribution, even if it's only one other person.
You're right transference and distribution are different, which is why I didn't use transference. Transference implies ownership is changing, mailing a backup to someone is NOT transferring the ownership, it is distributing a copy. If you retain ownership of a work, and give a copy to someone that is DISTRIBUTION not transference.
You are also right about this not going before the courts yet, but there are already ample precedents dealing with distribution of copies... and please name ONE precedent that allows for an individual who owns a piece of software/music/movie to LEGALLY distribute that copy digitally to a person without authorization from at least one copyright holder.
And finally, no where in any law that allows for the creation and ownership of a backup copy does it say you are allowed to transfer that copy to another person. In fact, I'm almost positive that it says the exact opposite, that the copy must remain in your possession (in the broad sense, i.e. you can leave it at your residence or in a vehicle and possibly at your place of work or school so long as it remains in your designated location).
I'm gonna quote the original poster so we can all do this together...
I don't see anywhere in his/her question the suggestion that he/she wants to mail a back-up to another individual. He/she merely asked whether or not they could send a game back-up by mail. Personally, I've moved around a bit in my life, and therefore, I've had cause to ship my own things elsewhere. I'm fairly certain I was within my legal right to do so. If I wasn't, then that's news to me.
Say you had 2 houses and wanted it in the second house for your own use it's legal.
If you're giving it to another party it's illegal.
That goes for any way of transferral (mail, email, putting on a USB stick, walking to the other side of the room etc)
Simple as that. No need to get into the definitions of transference and distribution.
Thank you Pi... lol.. This thread has turned into a 'what's wrong and what's right' thread. xD Get to the point! O.o
He says "a", implying a singular item. Why would you mail a SINGLE game to yourself?
If you're going somewhere, you would logically pack it with you so you retain possession and ownership.
If you're moving, it would be included in a collection so it would be clear the ownership isn't changing.
If you're sending it to someone else, it would be alone or with other copies, apart from it's owner.
You're seriously grasping at scenarios beyond what was asked in order to gain a shred of being right. So I'll say you're right that within the literal meaning words of what was asked and because of what was omitted, namely everything pertaining to the details, you are partially right if only because it's POSSIBLE.
However the law doesn't just look at 'it was in the mail' or not. It would be looked at who sent it, who the recipient was/would be, who owns the item, why the copy was in whomever's possession, why it would be going to the other persons possession, etc.