Are Xbox360 Backup Games Illegal

[xbox]

there are lots of people selling xbox360 backup games on the internet. They are xbox360 games copied on blank dvd discs and selling for $5 each. They always have a disclaimer on their site saying the buyer is only buying a backup and must own the original to use the backup. Is it illegal to sell these backup games?

[KeyWestDan]

It is illegal completely.

You can make your own backup, but you can't make mass quantities of backups and claim it is okay to sell them because you are only selling them to people who already have the game. I am sure that argument does not go too far in federal court or with the FBI.

[Libran]

Simple answer: yes.

Long answer...well, if you're really that interested, let me know and I'll type it out next post. :P

[mamabear2102003]

Ok, with the disclaimer listed (having to own the actual game) does that make the selling illegal, or the use of same without the original game illegal? It is legal to have a backup if you have the original, but some people don't have the equipment to produce the backup.

I know the intent is to mass produce the games at a cheap price, with the disclaimer to cover their b*tts, so I'm just playing devil's advocate in the actual legalities of the practice of selling the back ups.

[jk]

I think the laws have currently changed to allow a person to make and possess a back up BUT you should realize that each copy has a serial number that is specific to that single copy. Unless the copy and the original both have the same serial number, the copy is illegal.

the seller obviously knows the buyer does not have that particular copy of the game and the buyer also knows they do not have the same copy of the game so both parties are knowingly and willingly breaking the law.

[mamabear2102003]

Thanks jk for the clarification. I don't use system games, (pc only) and I know that I make the kids use the 'backup' copies to avoid damage to the originals (learned the hard way after several originals had to be replaced). Encryption technology has gotten much better, didn't realize that they had different serial numbers.

As to the legal aspect, who is right and who is wrong? Is it the seller (with the disclaimer) or the buyer (for not having the correctly serialized original)? Both?

[jk]

As to the legal aspect, who is right and who is wrong? Is it the seller (with the disclaimer) or the buyer (for not having the correctly serialized original)? Both?

it's both but the seller is the bigger target and more likely to be subject to an action from the copyright owner. The disclaimer is meaningless for the seller. It is illegal for him to sell copies regardless of what the buyer owns. The buyer, if he actually owns an original copy of the game, can argue ignorance and go far.

[mamabear2102003]

You rock! Thanks for clearing that up. I've checked the terms of use and licensing of several games, and they simply say that you are allowed one backup copy. I bet a lot of ppl don't realize the serial number thing.

[Libran]

If a site claims to be selling you a "backup copy", it by definition ceases to be a backup copy, but rather an unauthorized copy they have produced for commercial distribution. They can put as many bogus disclaimers as they like on their site about backup copies, the fact remains that what they are selling you is NOT a backup copy.

[xbox]

Thanks jk for the clarification. I don't use system games, (pc only) and I know that I make the kids use the 'backup' copies to avoid damage to the originals (learned the hard way after several originals had to be replaced). Encryption technology has gotten much better, didn't realize that they had different serial numbers.

As to the legal aspect, who is right and who is wrong? Is it the seller (with the disclaimer) or the buyer (for not having the correctly serialized original)? Both?

Would it be illegal for you to sell your backup copies of your PC games and would it be illegal for you to buy backup PC games without owning the original?