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It's been a while, but ISTR that their argument was essentially that backup or archival copies are unnecessary due to the reliability of their media and hardwar
by 0xcde4c3db 4y ago
It's been a while, but ISTR that their argument was essentially that backup or archival copies are unnecessary due to the reliability of their media and hardware, therefore any purported backup or archival copies must actually be for an infringing purpose.
I'm not a lawyer, but I'm pretty sure there's no "unless the copyright owner or an affiliated party claims you don't need to" clause in the backup/archival exceptions.
- tadfisher 4y agoFor other media, format-shifting does have precedent; MP3 players survived the RIAA, for instance. I don't see a meaningful difference for software.
- 0xcde4c3db 4y agoWhile I'm ill-equipped to properly analyze that comparison, I'd generally be wary of generalizing from rulings about music recordings, which get special treatment under US copyright law. They're even represented by a distinct category, "phonorecords", explicitly excluded from the definition of "copies".