Archived from groups: alt.games.video.nintendo.gameboy.advance (
More info?)
"DeepThought" <deep.42.thought@gmailEARTH.com> writes:
> mailbox111 <mailbox111@gmail.com> wrote:
> > [ Can I pirate^H^H backup my games? ]
> Legally? No. Nintendo states this explicitly in every manual.
Nintendo also claims, in every manual, that it is illegal to rent,
trade or sell used games.
Fortunately, Nintendo saying that doesn't make it so.
N.B.: I'm not claming piracy is legal or a good idea. I am saying that
a Nintendo manual is not a good place to look for reliable legal
advice.
For US residents, section 117 of the Copyright Act is a good place to
look for starters. Dumbed-down version:
http://www.copyright.gov/help/faq/faq-digital.html
Short answer: Backups that really are backups (i.e. you still have
the original) are okay as far as the Copyright Act itself goes. But,
there may be other legal reasons why you can't (like if you've
entered into a contract saying you agree not to).
Nintendo likes to pretend that when you buy/use a game, you are
automatically entering in to such a contract. IANAL, but unless you
actually signed something, thats 1) wishful thinking on Nintendo's
part, 2) pure fiction and 3) especially silly if you can't enter
into a contract in the first place (e.g. because you're a minor).
In practical terms, if you are really backing up and not pirating,
then a) nobody else will know and b) nobody will care if they happen
to find out. The people getting busted are the ones selling copies or
posting them on the 'net in public or semi-public ways.
However, if you manage to get dragged into court, you _will_ lose.
Right or wrong, doesn't matter. Law on your side or not, doesn't
matter. Jury decision, if you get that far, doesn't matter. You'll run
out of money to defend yourself long before Nintendo runs out of money
to keep suing you. (Fortunately, they don't appear to be in habit of
doing that.)