Quote:
Imperator Fyron said:
No. Breaking the copy protection is illegal, so you could be prosecuted for that... Of course, the whole thing is a heinous violation of consumer rights, so it is best to ignore it and go on practicing fair use rights. As a Canadian, it doesn't apply to you, so you need not worry.
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Well, killing someone is also illegal, however it is legal to kill someone in self-defense. Here, you have two seemingly contradictory laws, one saying you cannot kill, and the other saying you can to protect yourself. Obviously, the law stating you may kill in self-defense takes precedent over the one stating you cannot kill, as an exception is made in cases where breaking one law (killing) would prevent you from excersising your right to something you are entitled to (living). Therefore, one can argue that an exception must be made allowing you to break one law (copying the software) in order to excersise your right to something you are entitled to (archival copy).
PS: This argument actually works! A few years ago I posted a query on an unnamed software company's forum asking how to go about creating a CD image of the installation CDs so I could have a backup. Shortly thereafter, the thread was deleted and I recieved a rather nasty email from their law department stating that what I was attempting was in violation of copyright laws, the EULA, etc. and that if I did not desist in my attempts to do so, I would be prosecuted to the full extent of the law. I wrote them back a polite little reply informing them that their attempts to prevent me from making an archival copy were in violation of MY legally enshrined right to create an archival copy of legally purchased software. I included a scanned copy of my receipt and advised them (bluffing, of course) that if they did not desist in their attempts to deny me my consumer rights, then I would prosecute them to the full extent of the law. Within three days, my thread was reinstated, and I recieved an apology from their law department along with a detailed email from their tech support on how to create a CD image. Sweet, no?
Also kinda helped that they were running a massive 'Customer First' advertising blitz at the time, so a lawsuit from a customer claiming the company was attempting to deny him his rights wouldn't have gone over too well with the almighty marketing department.