Is Copying Software Illegal?

If you want to make extra copies of a computer game or software application, there are some legal hurdles you have to consider to make sure you are on the right side of the law. There are several elements that determine the legality of this situation.

  1. Copying Software

    • Under ordinary circumstances, the DMCA (Digital Millennium Copyright Act) allows you to make one "archival" copy of your software, only to be used by you, and only to be used if the original version is lost, damaged, or stolen.

    Copy Protection

    • However, the DMCA does not allow a user to break copy protection (known as Digital Rights Management) to make a copy of their software or any music file or video file that is restricted with DRM.

    Legal Jurisdiction

    • The DMCA applies to activity conducted on United States soil. If you are in another country, similar laws may apply, or you may be free to legally circumvent DRM. Check your local laws before proceeding.

    End User License Agreement

    • Most commercial software comes with a EULA--a legal contract that you agree to during the installation process. In rare cases, this EULA may forbid you to make a copy of the software, so read the fine print before proceeding.

    Public Licenses

    • Software that uses the GNU General Public License allows you to make and distribute as many copies as you like. There is also the Creative Commons License, most versions of which allow free copying of the product.

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