is it legal to sell back ups ALONG with da games themselves?

fugly

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for example, i got warcraft III and i made a backup cd when i purchased the game, so that i can keep my original war3 game clean and use my backup cd incase it gets scratched. i wanna sell my war3. would it be legal if i sell it and include the backup cd i made?

i know it most likely is legal since im selling the game i purchased but i wanna be safe before i do this.
 

dagonoth

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By the letter of the law I would have to say thats not legal. The law technically states that the owner is allowed to make one backup copy for him/herself and that you cannot give those copies away. Even if you're selling the original, the law would technically say that its the next owners responsibility to do it themselves.

That being said, I don't think it will matter a whole ton, but if you're for example selling it on ebay if someone reads the description and it says that you're giving them a copy as well ebay might freak out and pull your auction. I wouldn't even worry about it, just destroy your copy and sell the original.
 

fugly

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By the letter of the law I would have to say thats not legal. The law technically states that the owner is allowed to make one backup copy for him/herself and that you cannot give those copies away. Even if you're selling the original, the law would technically say that its the next owners responsibility to do it themselves.

That being said, I don't think it will matter a whole ton, but if you're for example selling it on ebay if someone reads the description and it says that you're giving them a copy as well ebay might freak out and pull your auction. I wouldn't even worry about it, just destroy your copy and sell the original.

i just didnt want my backups to go to waste, oh well...

thanx
 

MisfitSELF

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I'm not a lawyer (but I stayed at a Holiday Inn Express....(-; )

My opinion, as long as you are not profiting from backup copies and are not distrubuting them in violation of the licensing agreement, you're good to go.

However, the mere fact the you hypothetically mention the back-ups on your ebay ad may be construed as "profiting" from the back-ups. What I mean is: are you advertising that they include back-ups as a means to hike up the bid for the product you are selling because it has more perceived value?

I would just sell the game, include the back-ups without mentioning them in the ad and settle for the positive feedback you'll be sure to receive when you "included more than expected." In this case, I believe that certainly the intent of your typical software license is maintained.
 
It's been a long while since I bought Warcraft 3, and granted I don't have it anymore, but I seem to recall my game came boxed with 2 disks. Well, at least 2 "Play Disks", as if you could use one for a friend for a LAN party.....