Archival Is Not Piracy Essay

2456 words - 10 pages

Archival Is Not PiracyToday, access to piracy is everywhere in computers. We can decrypta DVD to allow others to watch copies. We can rip music off a Music CD and sellcopies worth less than a penny each. We can let others intall our purchasedprograms on multiple computers. Piracy can happen as easy as Copy and Paste.Are these acts legal? No, but "fair use" laws say that as long as the copies arefor archival purposes only, it's legal. Now, if this is true, then why is one type ofarchival penalized by court? Why is the act of archiving video game carts (alsocalled "cart dumping") considered as bad as piracy? Why is it is consideredillegal?Lik-Sang, one of the most well-known distributers of game cart back-up units, had been sued by Nintendo for 700 grand ($641,000) for the world-widedistribution of game cart copiers (also called cart game cart back-up devices).Sued for just the distribution of game cart copiers. (Rik)How is this fair? How is the distribution of the devices illegal? No realcrime of copyright infringement had been commited. It isn't the act of sellingcopies of games that happened, but just the selling of those back-up devices. Isthat really illegal? DVD drives and CD drives that copy and create Music CDsand DVDs aren't really considered ellegal. In fact, they are sold commerciallyand are well-known all over the US. These drives are used for us to makearchival copies of our DVDs and CDs, but the business of manufacturing suchdevices hasn't yet been halted by any copyright infringement law. The thought ofit has come to mind of many, but DVD/CD writers are still being distributedworldwide because it has been understood that only certain uses of the drivesare illegal and that there are uses of the drives that are legal (in archival/back-upfor personal use). Such drives have been allowed to be manufactured, but videogame back-up drives (that can be used in the same way for archival) still arethought to be in all ways illegal to the business of digital entertainment.Video game back-up/archival should be legal. It's basically nodifferent than the archival of Music CDs or DVDs to your computers' hard drivebecause it's only meant to have a back-up copy for personal use. Many say thatthe back-up units are illegal because they promote piracy. This is not truebecause of the fact that, just like any other digital media copier, they are meantonly for archival purposes. These legal uses of archival purposes is clearlystated by the "fair use" laws. They actually do state that certain archival andback-up purposes of digital media is allowed, though, they are certain uses thatare legal, which I will go into explaininglater.Now, we can think of a video game back-up device as being nodifferent than any DVD writer or CD writer, can't we? Well, let's identify their baresimilarities.What are DVD writer drives meant for? Aren't they meant forallowing you to watch DVDs on your computer? Aren't they meant for allowingthe convenience of using the DVD with your...

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