Am0s said:
with all the talk and research and to burn it to find out your custom dvd 5 version doesnt work you could of downloaded the dvd5 version and be 100% working
Sometimes doing things the hard way proves to be the most rewarding.
Fact of the matter is, downloading leaves many traces online that you're downloading a 100% illegal game (since it's modified from the original, thus even owning the original means you're not downloading the version you legally own). Many ISPs in the US and currently I think 8 ISPs in the UK will actively record and report any 'suspicious' activity, which includes downloading illegal games. I've heard countless reports of people getting warnings in the mail because they don't realise this (even though it's been in the news for around a year now) and where people have been prosecuted in court for it (meaning there is a precedent, which is the most important factor in law).
If you create the backup yourself, there is no real trace of it happening, so it's 'quasi-legal' (it might not strictly cohere to the law, but you cannot be prosecuted for it, providing of course that you don't start making copies of it and spreading it around). Quoting (roughly) G.I.Joe, "if you're going to supply arms to both sides, don't get caught".
EDIT: On the other hand, since when has any of this stopped anyone from just pirating all the games ever released? Since they can pirate, they often do pirate. Screw supporting the games producers, screw supporting the games distribution companies, "Screw the rules, I've got money" ... or in this case, screw the rules, they've got the internet. In any case, this argument has been repeated in endless flames in countless posts all over the interwebz.