Legal Question in Technology Law in Illinois

Technicality of selling Copyright material

Does copyright law state that data is data, and it is how you ''use'' the data that determines its legality?

Examples:

1) Selling a DVD containing hacked software. It is illegal for them to ''use'' the copyrighted software, but isn't it merely a sale of data? A sale of zeros and ones?

2) Selling a DVD containing video game ROMS. It is illegal to use the game rom of you do not currently own the physical game. It is not illegal to have the file. Would that be illegal?

I know selling movies and music is illegal, because that is the actual material, but it isn't illegal to merely ''have'' a list of credit card numbers, or to ''have'' video game ROMs. Is it illegal to sell then, though?


Asked on 4/14/09, 1:37 am

1 Answer from Attorneys
James Waller Johnson Law Group

Re: Technicality of selling Copyright material

Selling any copyrighted material, including software, is against the law, unless you are the copyright owner. Simple possession of illegally copied material is more of a gray area. It would depend upon your circumstances.

Credit card numbers are an entirely different story. While credit card numbers are not protected by copyright, you generally don't want to be in possession of a list of credit card numbers that do not belong to you, without having a legitimate business interest.

If you need legal representation on any of these issues, please email me at the address below.

Read more
Answered on 4/14/09, 10:15 am


Related Questions & Answers

More Computer & Technology Law questions and answers in Illinois