Is it legal to make backup copies of computer games that you already own?
Asked by
Nullo (
22028)
July 29th, 2013
I recently turned up my old Age of Empires CDs, and it got me wondering: Could I make copies against the inevitable day that the original disks are too badly damaged to run?
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7 Answers
It probably depends on where you live and if there is any copy protection on the discs. In the UK for example you are explicitly allowed to make a backup of computer software. However it is illegal to circumvent any form of copy protection even if that is to make a backup that you are legally allowed to. So if the game has some sort of disc based copy protection (and that was quite common on PC games before cloud services like steam etc took over) it would be illegal to circumvent in order to make a copy. As the UK copied this almost directly from the US DMCA I would not be surprised if it is similar over there.
Sadly, @Lightlyseared is correct.
However, there have been enough legal battles over the conflict between the DMCA and Fair Use that the actual status is questionable and hotly contested.
Honestly, even if it is illegal it’s pretty unlikely you’d ever get caught. I mean, if it really is just a backup who’d even know you made it? Those people dangling from the eaves to make sure your sex practices conform to the legal standards?
At this point if it’s happening in the privacy of your own home and doesn’t involve ouside parties it’s really not on anyone’s radar.
That’s true, @fundevogel. In general, those that get in trouble for breaking copy protection get into trouble because they go on to distribute the “cracked” copy. Those that make copies solely for their own personal use won’t even get noticed unless they disseminate the information and/or tools that would allow (and, allegedly, encourage) others to break copy protection, as such things could be used by others to distribute illicit copies.
Read the EULA. It’s displayed when you install the game (IIRC, it’s been a long time since I installed or played AoE) but you can probably access by other means. Often the EULA has a specific clause that allows the licensee (you) to make one copy for archival or backup purposes. This would be the exact intended use case for that clause, and if it’s present in the EULA then you should be fine. Just don’t distribute the copy!
Yes. It is completely legal to backup your own data.
@Tiger It is completely legal to copy “your data” but if the EUAL say no to copies of their code and data. The answer is no to copying a game or computer program, but most of the time personal use of copies is not prosecuted.
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