Law issues ?

[Guest_imported]

Me and my friend were discussing people who sell so called "backup" software and computer games. He knows someone who has there own web site for selling "backups". I asked why he hadnt been arrested and he laughed and told me its because he has a disclaimer at the beginning of his site and its the buyers responsibility to own the originals.

I tried to research for what the the law is on the internet and didnt have any luck, so could someone tell me what the law is and how much trouble could the person he knows get into if he is caught.

Or won't he get caught because its the buyers responsibility?


Thanks in advanced!


Mike M

 

[petermeachem]

I don't think having a disclaimer helps a great deal if you are selling stolen goods.
I would imagine he could get into as much trouble as any other thief.
If you knowingly buy stolen property then you also breaking the law (uk anyway, can't imagine it is much different elsewhere).
Personally I hope he gets caught and punished. The world could only be improved without petty crooks like your 'friend'.
Peter Meachem
peter @ accuflight.com

 

[Mike]

That was pretty much my thought on the subject, just thought I would post a message so I can show him peoples responses.

It's surprising that there's not more police forces with departments to deal with piracy as its a big problem and people sell pirate games etc on places such as Ebay! just by saying backup.

Mike

 

[strongm]

I'm not sure whether it has been tested in court yet.

The Berne Convention (and local copyright law in the UK) certainly make it clear that a user is allowed to make a single backup of any software that they own (notwithstanding disclaimers to the contrary in any 'user agreement'). However, buying such a 'backup' from a third party - even if you own the software - would be seem to be illegal, no matter what disclaimers the seller displays.

 

[CajunCenturion]

I don't think there is any question here in the USA that the activity would be illegal.

If you have legally purchased the software, and you suspect that this particular site, selling backups, is "questionable", then I would suggest that you email the URL to the original manufacturer, and let them deal with it. Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[petermeachem]

The problem is that half of ebay (I may be overstating) is flogging dodgy stuff. I reported one bloke to ebay who was selling the url to the MS Action Pack page. Yes really. Ebay removed the sale thank goodness. Peter Meachem
peter @ accuflight.com