Well, this is a sticky point. Fair Use
is what you're looking at here.
Here's my take on it - copied off another board that I'm active on (I'm not a lawyer, but am
intensely interested in preserving and researching individual rights as well as consumer rights) ... for what it's worth:What do I really PAY FOR when I pay for anything that comes on CD/DVD?
Typically, the answer is, "the license
". Fine. So, as the media is just an abstraction, I should be able to call up the company and get a fully-functional version that I can either download and burn to my own
media (remember, I've not paid for their media!), OR
I should be able to pay actual shipping costs
and get a new copy sent to me just in case my copy ever breaks or wears out. Even if it's 10 years old. Even if the company has gone under. Because, remember, I paid for the license
, as opposed to paying for the media.
So ... since that isn't happening, let's pretend that I'm paying for the media
that said music/game/application/movie comes on:
Therefore, I should be able to invoke Fair Use and make an unrestricted duplicate for myself. But wait, what's this - DVDs have CSS, and my software has safedisk, securom or laserlock protection, and I cannot copy it
? Hm. This clearly is intended to keep me, the consumer, from making a backup copy - after all, I *did* pay for the media itself, and that *is* where my money went ... so I can also, then, logically use it at more than one place/computer, so long as the physical token (media) remains with me/the computer... right? Wait, no
. Therefore, it becomes clear that our first option, that of paying for the license
is the case. So how the hell do I replace my TSR Dragon Strike floppies that have gone bad over the course of 12 years? Can I call up TSR? Doubt it.
They cannot have it both ways. As consumers, we're taking it in the pooper, and it's getting old. What we ought
to say is this: "you don't trust me to invoke my rights as a consumer? Fine - I'm done
buying from you." ... but that only works en masse.