# copying cds is it legal if so why and where **URL:** \ **Category:** Factual Questions\ **Created:** [December 12, 2002, 3:29pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254 "2002-12-12T15:29:57Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![shea241](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@shea241](https://boards.straightdope.com/u/shea241)\ **Post date:** [December 12, 2002, 3:29pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/1 "2002-12-12T15:29:57Z")
I have a pc game that I like which luckly for me is shiped with two copies. So me and my friend can play against each other online (we live in an apartment so we share the cds). Now one day I wasn’t using my cd and I accidentaly knocked it off my table. It split pretty much in two ☹ Now There is still the other copy and I have a cd burner I go to burn the cd and find out it’s copyright protected. So I try to find out how to get another copy. Basiccaly I have to send away to get another cd which will cost more with the shipping etc etc then it would if I bought it again. So I go online to find a solution and find out that you can go around the copyright protection and burn of the cds anyway. I was thourghly looking around at ways and means when I thought. Am I even allowed to do this. If I was allowed to make a backup copy why do the game companies make their games copy protected in the first place. I also heard your not allowed to use a game for 24 hours and then get rid of it. Is that true. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [December 12, 2002, 3:50pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/2 "2002-12-12T15:50:41Z")
Theoretically it is legal for you to copy software you own for archival purposes. What is illegal is making copies and selling or giving them away. If you own it and keep it for yourself then all is good. Of course, the software manufacturer has no idea that you REALLY plan to keep it for yourself and they are free to try copy protections on their product. The battle continues. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [December 12, 2002, 3:51pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/3 "2002-12-12T15:51:21Z")
> [@](#): > > \*Originally posted by shea241 \* > **Now one day I wasn’t using my cd and I accidentaly knocked it off my table. It split pretty much in two ☹** A CD broke in half after falling a couple of feet? Do you live on Jupiter or something? I’m sure the EULA (you bought the software, so you do have the box and manual, right?) will tell you whether or not you can legitimately copy the software. The “use for 24 hours then delete” line is hokum. ---
**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\ **Post date:** [December 12, 2002, 4:02pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/4 "2002-12-12T16:02:32Z")
IIRC, the EULA cannot be used to override existing laws, and that it has never been upheld in court. ---
**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\ **Post date:** [December 12, 2002, 4:32pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/5 "2002-12-12T16:32:54Z")
I thought the DMCA made it illegal to circumvent copy-protection schemes? ---
**Author:** ![CaptEgo](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@CaptEgo](https://boards.straightdope.com/u/CaptEgo)\ **Post date:** [December 12, 2002, 4:47pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/6 "2002-12-12T16:47:28Z")
I think Shea241 must have got one of those new-fangled Maple Candy CDs…handle with care! ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [December 12, 2002, 4:48pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/7 "2002-12-12T16:48:47Z")
Yes, that’s right. Whether or not it would be legal to copy the disc even if it weren’t copy protected, evading or “cracking” copy protection, even in order to make an otherwise lawful copy, is a felony under U.S. law. –Cliffy ---
**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\ **Post date:** [December 12, 2002, 4:53pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/8 "2002-12-12T16:53:39Z")
Actually, civil rights groups are waiting for just a case like this to pounce on. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [December 12, 2002, 4:55pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/9 "2002-12-12T16:55:10Z")
> [@](#): > > \*Originally posted by Whack-a-Mole \* > \*\*Theoretically it is legal for you to copy software you own for archival purposes. What is illegal is making copies and selling or giving them away. If you own it and keep it for yourself then all is good. \*\* Nope. The law does not give any individual the right to make backups. Only a _library_ can do so legally (see section 108 of the copyright law). It’s the _copying_ that’s a copyright violation (copy+right = right to make copies. If you don’t have the copy right, you don’t have the right to make copies.). Selling them is irrelevant. However, some software does grant you the right to make an archive as part of their EULA. You’d have to check that. ---
**Author:** ![shea241](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@shea241](https://boards.straightdope.com/u/shea241)\ **Post date:** [December 12, 2002, 4:56pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/10 "2002-12-12T16:56:43Z")
I live in canada and mabey just maybe the cd could have been faulty or landed funny. anyway it seems like westwood says that I have to send 7.50 now change that to canadian plus I have to pay what ever other charges I have to pay it would still be less to buy the game from the store then pay for a replacement. And I still don’t know if it is legal or not to make a backup copy ---
**Author:** ![shea241](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@shea241](https://boards.straightdope.com/u/shea241)\ **Post date:** [December 12, 2002, 5:00pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/11 "2002-12-12T17:00:22Z")
Thanks RealityChuck It seems I spoke to soon (unless it’s diffrent in canada) well I guess I’ll have to buy the game. Sometimes life isn’t fair. Maybe I’ll copy the game anyway for spite. Oh does anybody think that the cd droping to the floor and breaking might be considered a defect on thier part??? ---
**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\ **Post date:** [December 12, 2002, 5:12pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/12 "2002-12-12T17:12:26Z")
> [@](#): > > \*Originally posted by RealityChuck \* > Nope. The law does not give any individual the right to make backups. Only a _library_ can do so legally (see section 108 of the copyright law). > > It’s the _copying_ that’s a copyright violation (copy+right = right to make copies. If you don’t have the copy right, you don’t have the right to make copies.). Selling them is irrelevant. > > However, some software does grant you the right to make an archive as part of their EULA. You’d have to check that. That is not true. Check the US Copyright law section 117. Limitations on exclusive rights: Computer programs > [@](#): > > (a) Making of Additional Copy or Adaptation by Owner of Copy.-Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: > > (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or > > (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. ---
**Author:** ![evilhanz](https://avatars.discourse-cdn.com/v4/letter/e/ba8739/32.png) [@evilhanz](https://boards.straightdope.com/u/evilhanz)\ **Post date:** [December 12, 2002, 9:57pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/13 "2002-12-12T21:57:00Z")
> [@](#): > > \*Originally posted by shea241 \* > \*\*Oh does anybody think that the cd droping to the floor and breaking might be considered a defect on thier part??? \*\* No. The product was not designed to be dropped. ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [December 12, 2002, 11:31pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/14 "2002-12-12T23:31:04Z")
I had a book and accidentally dropped it overboard. Can I get another copy of the book without paying for it? I don’t think so. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [December 12, 2002, 11:42pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/15 "2002-12-12T23:42:13Z")
I note on some of my Windows CDs, it states “Do No Make Illegal Copies of this Disk” Dunno about you,but to me that seems to imply there are legal copies 🙂 ---
**Author:** ![SC\_Wolf](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@SC\_Wolf](https://boards.straightdope.com/u/SC_Wolf)\ **Post date:** [December 12, 2002, 11:45pm UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/16 "2002-12-12T23:45:46Z")
Yes, each copy made by the copyright holder, in this case Microsoft, is perfectly 100% legal. ---
**Author:** ![Geek\_Mecha](https://avatars.discourse-cdn.com/v4/letter/g/ecae2f/32.png) [@Geek\_Mecha](https://boards.straightdope.com/u/Geek_Mecha)\ **Post date:** [December 13, 2002, 12:42am UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/17 "2002-12-13T00:42:40Z")
If I’m interpreting your “shipped with two copies” remark correctly, **shea241** , how is it not fair that you have to pay for a replacement of your second disc? You got something for nothing, a something you would ordinarily have to pay for. If something unfair happened, it was against the software company, not you. They lost out on the money they could have gotten for that duplicate disc. You got a second copy of the disc by accident-- that was luck, true. Good for you. But now you’re expecting your free duplicate to be replaced at low or no cost to you. Why? You never really bought it in the first place. Why should it be replaced inexpensively? If you want it that badly, suck it in and buy a replacement disc. Pretend that you never got a duplicate CD when you bought the game the first time. Also, I’m almost certain it’s a violation of the EULA to share CDs with your apartment friend. ---
**Author:** ![flex727](https://avatars.discourse-cdn.com/v4/letter/f/258eb7/32.png) [@flex727](https://boards.straightdope.com/u/flex727)\ **Post date:** [December 13, 2002, 1:04am UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/18 "2002-12-13T01:04:40Z")
> [@](#): > > \*Originally posted by sailor \* > \*\*I had a book and accidentally dropped it overboard. Can I get another copy of the book without paying for it? I don’t think so. \*\* No, of course not. But, I wonder why not? If I could prove I originally purchased the book, they should be willing to replace it at their cost. Same for CDs and any other material that I purchase that is only granting me a limited license. ---
**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\ **Post date:** [December 13, 2002, 1:18am UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/19 "2002-12-13T01:18:02Z")
> [@](#): > > \*Originally posted by flex727 \* > \*\*No, of course not. But, I wonder why not? If I could prove I originally purchased the book, they should be willing to replace it at their cost. Same for CDs and any other material that I purchase that is only granting me a limited license. \*\* But what is their cost? They would have to have someone on staff to handle your request and have someone to verify that you really purchased said item. I can definitely see that the cost of such stuff could be more than the cost of getting another copy. I can see that person answering their phone. “This is Jim in the clumsy consumer department.” ---
**Author:** ![dietrologia](https://avatars.discourse-cdn.com/v4/letter/d/4491bb/32.png) [@dietrologia](https://boards.straightdope.com/u/dietrologia)\ **Post date:** [December 13, 2002, 1:28am UTC](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254/20 "2002-12-13T01:28:22Z")
Do a google search on the name of your game along with the phrase “nocd” or “no cd” and d/load the nocd .exe file you will find. Load your game as you normally would and then copy over the game’s .exe with the NOCD .exe you d/loaded. Now you no longer need the cd in the computer’s CDROM drive in order to play. This is useful when you want to avoid scratching your cd or, as in your case, dropping the damned thing and stepping on it. [Next page](https://boards.straightdope.com/t/copying-cds-is-it-legal-if-so-why-and-where/142254.md?page=2)