A dangerous game (copyright law/infringement/software/backup）
A dangerous game (copyright law/infringement/software/backup）
Li Dongtao
Description: software backup ≠ illegal copying
The case
Your friendship with my intruder
This is a case about “dangerous sign”
The plaintiff is a computer software company developing computer game software.
The defendant is the owner of a video game arcade.
In March 1999, the plaintiff developed a new computer game, THE BLUE, and achieved a commercial success with it soon afterwards. LDT
Two months later, by chance, the plaintiff found the defendant bought a THE BLUE copy and offered game service in its arcade, anyone could play the game after paying necessary price.
The plaintiff sued the defendant for copyright infringement.
The defendant argued that the copyright infringement was not established because the game installed in the arcade was a backup copy filing and it was a fair use.
Analysis
The copyright infringement is established.
In theory, because software can be destroyed quickly and easily, a user who lawfully own a software are entitled to make up backup copies for filing without permission from the software copyright owner. However, the backup copies cannot be supplied to others by any means.
In this case, the defendant made copies of the plaintiff’s software and installed them for commercial purpose, not just a backup filing.
In short, friendship with copyright infringement, a dangerous sign.
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[1] Danger Signs POEM by Wallace Dean LaBenne at www.poetry.com/poem/68917/danger-signs
