Windows CD - OK to copy?

  • Thread starter Thread starter Tony Luxton
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T

Tony Luxton

Hello group. From reading the EULA, I don't think I'm prevented from making
a copy of the Windows CD as a backup. It's OEM, so it wouldn't activate on
another machine anyway.

Have I got that right?

My idea is to have the copy to hand, and put the original away in a safe
place.

TIA Tony.
 
Tony said:
Hello group. From reading the EULA, I don't think I'm prevented from making
a copy of the Windows CD as a backup. It's OEM, so it wouldn't activate on
another machine anyway.

Have I got that right?

My idea is to have the copy to hand, and put the original away in a safe
place.

TIA Tony.
Click to expand...

Yes, you may do that and have Microsoft's blessings as well as your OEM.

Alias
 
Under US law (17 U.S.C. §117(2).) you have the lawful right to make
backup copies of your software package or cd regardless of what it says
in any EULA from any company. If the EULA contains a clause stating
that you cannot make a backup copy of the cd or software the clause is
illegal and unenforcable in the US.

John
 
Tony Luxton said:
Hello group. From reading the EULA, I don't think I'm prevented from
making a copy of the Windows CD as a backup. It's OEM, so it wouldn't
activate on another machine anyway.

Have I got that right?

My idea is to have the copy to hand, and put the original away in a safe
place.

TIA Tony.
Click to expand...



That's correct. You're permitted to make an archival copy of the
installation CD for exactly such a purpose.
 
Today, John John made these interesting comments ...
Under US law (17 U.S.C. §117(2).) you have the lawful right to
make backup copies of your software package or cd regardless
of what it says in any EULA from any company. If the EULA
contains a clause stating that you cannot make a backup copy
of the cd or software the clause is illegal and unenforcable
in the US.

John
Click to expand...

That is true, John, but the law does not require the seller to
allow you to make the copy. As we all know, most all CDs and DVDs
today have some sort of copy protection on them. Without special
utilities, they either cannot be copied at all with normal burner
software or the copy is just that, a copy, and cannot be used to
install the software.

In my case, I did a simple file-by-file copy of my two Windows XP
discs as a backup of the files, not the installation part or the
"secret" validation part necessary for authentication.

Back to the law, not being an attorney, I can't make a valid
comment, so here's just my opinion: if one tries to make a copy
of ANY optical media, music, movies, software, anything, and it
fails to copy, I seriously doubt you could take the seller to
court and force them under the law you quote to allow you to make
your backup copy. Besides the obvious, your argument would sound
to a judge like what you want to do is Xerox copy a traditional
paper book in its entirety, bypassing the fair use provisions of
the Copyright laws. That's a bad analogy, I know, but even when
we as buyers of commodities today may well be in the right,
enforcing OUR rights can be difficult at best, and quite
expensive.
 
John John wrote...
HEMI-Powered wrote:

Back to the law, not being an attorney, I can't make a valid
comment, so here's just my opinion: if one tries to make a copy
of ANY optical media, music, movies, software, anything, and it
fails to copy, I seriously doubt you could take the seller to
court and force them under the law you quote to allow you to make
your backup copy.
Click to expand...

Google on the section and read it! The right to make software backups
is not extended to music, movies and other artistic works. As for
software if the software package has some sort of copy protection then
it would have to be tested in the courts as to whether or not the
authors are obliged to provide means of creating backups. If one were
to force the copy protection in order to make a legal archive or backup
copy of the software I doubt that any court in the US would rule against
the defendant because he or she has the right to make an archive copy of
the software. How the copy is made is irrelevant.

John
 
Today, John John made these interesting comments ...
Google on the section and read it! The right to make software
backups is not extended to music, movies and other artistic
works. As for software if the software package has some sort
of copy protection then it would have to be tested in the
courts as to whether or not the authors are obliged to provide
means of creating backups. If one were to force the copy
protection in order to make a legal archive or backup copy of
the software I doubt that any court in the US would rule
against the defendant because he or she has the right to make
an archive copy of the software. How the copy is made is
irrelevant.
Click to expand...
Isn't this basically an academic discussion? I didn't know that
the backup law exempted "artistic works" but it doesn't surprise
me, the music and movie industry has such a lock on the current
pro-big business administration that the little guy must run
second chair.

But, unless you could find an attorney to take your software "I
can't back it up" case on a contingency basis, wouldn't it be
simpler and far cheaper to just buy another copy of it? Lawyers
START at about $250/hour and just a casual chat with one would
cost you more than Vista, and about 1/3 what an expensive app
like PhotoShop CS costs. You'd have the satisfaction of forcing
the defendent company into submission, but it seems unlikely that
a precedent could be set unless you go at least to an appellate
court. And, if you did get a ruling in your favor at a lower
court, I would think the developer would automatically appeal the
decision, again costing you more time and money. That, coupled
with court case loads running into the years, by the time you
eventually prevailed against MS on Vista, you could start all
over again with Vienna.

Similar "arguments" can be made for upholding your basic rights
as defined in such documents as the Constitution's Bill of
Rights. I suppose you could prevail, but it would be expensive.
And then there's the cases where some Internet company, e.g.,
ISP, NSP, eBay, whomever, sanctions you by terminating your
account or other punishment through their belief you are in some
bullshit violation of their TOS/AUP, again, one might be able to
prevail in court. Eventually. But, at the price attorney's
charge, it is simpler, cheaper, and less frustrating to just suck
it up and find some other company that will do what you want them
to do.
 
That's correct. You're permitted to make an archival copy of the
installation CD for exactly such a purpose.
Click to expand...

Yup you are allowed to make that copy for self purposes and not for resale
or giving away. I just take care of my XP disc tho so I dont need to make a
copy.
 
HEMI-Powered said:
That is true, John, but the law does not require the seller to
allow you to make the copy.
Click to expand...

WTF does that have to do with the topic under discussion.

Copies ARE permitted per the discussion.

If you wanna be a know-it-all on matters legal (which you state you're
not qualified to comment on), then take your banter elsewhere.
 
Today, Uncle Grumpy made these interesting comments ...
WTF does that have to do with the topic under discussion.

Copies ARE permitted per the discussion.
Click to expand...

I understand they are allowed, my comment was that the developer
can still put road blocks in your way, that's all.
If you wanna be a know-it-all on matters legal (which you
state you're not qualified to comment on), then take your
banter elsewhere.
Click to expand...
It isn't banter, except maybe to you, so why don't you take your
banter elsewhere?
 
My installation is OEM generic.

An excerpt from the eula.txt on my machine:
* Back-up Copy. YOU MAY MAKE A SINGLE BACK-UP
COPY OF THE SOFTWARE. YOU MAY USE ONE
(1) BACK-UP COPY SOLELY FOR YOUR ARCHIVAL
PURPOSES AND TO REINSTALL THE SOFTWARE ON THE
COMPUTER. EXCEPT AS EXPRESSLY PROVIDED IN
THIS EULA OR BY LOCAL LAW, YOU MAY NOT
OTHERWISE MAKE COPIES OF THE SOFTWARE,
INCLUDING THE PRINTED MATERIALS ACCOMPANYING
THE SOFTWARE. YOU MAY NOT LOAN, RENT, LEASE,
LEND OR OTHERWISE TRANSFER THE CD OR BACK-UP
COPY TO ANOTHER USER.


Something to ponder.... If you have XP original or XP w/SP1 installation
retail or generic OEM CD, incorporate SP2 with autostreamer for instance
and burn it, have you made an original XP w/sp2 installation CD, OR, have
you made a copy? Would it be illegal to copy this per the corporate lawyers
and circuit judges in the crowd?
 
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