Legal Question in Technology Law in Minnesota

Selling a backup of software

I was wondering if it was legal to sell a backup of a piece of software. Providing that you tell the person that they need to provide there own registration code and that it is only to replace the original cd that they lost. Would this be legal? I know that it is legal on some software to make a burned backup copy in case you lose your original... so would it be legal to sell the backup to someone who lost all the copies they had?


Asked on 1/16/02, 8:32 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Selling a backup of software

If you are selling it---and deriving profit, it is certainly an illegal infringement

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Answered on 1/16/02, 9:04 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Selling a backup of software

No. You may not sell a backup of a computer program to someone else. The backup is for your own purposes. If you sell it, you are infringing the copyright. This may bring you both civil and criminal penalties.

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Answered on 1/22/02, 8:44 pm


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