Legal Question in Technology Law in Pennsylvania

Re: Legal ownership of a game

You asked about the use of a game you purchased.

There is a major contention about software and other electronic media. Most jurisdictions treat electronic property the same as tangible property, meaning that once you buy it you can whatever you like so long as you observe certain laws. (e.g. you don't make and distribute unlawful copies, you don't create and distribute subsidiary works, etc.)

The creators of the electronic property believe that they are selling something unique and have the right to dictate how the works are used. The law is clear that they don't. In other words, contrary to the strong assertions of the creators you are not buying a license to use the work but rather you are purchasing a copy of the work.

In the instance you describe you have purchased a copy of the work. Your legitimately purchased version was unusable and you acquired another, identical copy. No different than if you had made your own back up copy. You aren't distributing the work and you are simply making use of a found backup copy rather than your own backup copy.

It is akin to music. If you purchased a vinyl copy of a song then it is my position that you could lawfully download an electronic copy of that song without violating the law.

But, according to the RIAA, even making your own MP3 copy of a song for your iPod off of a CD you purchased would be a violation of the copyright laws.

The issue you stumbled across is ripe for an argument. I would love to be the lawyer that gets against the creator in a case where the creator of a work claims that an instance such as yours is a violation of law. Unfortunately it would be a fairly expensive position to defend.

In the end, in my opinion, the law is on your side, but that doesn't mean that you aren't subject to claims that you are violating the law (or the "license" of the media).

So, that really doesn't answer your question, but also, that's what I absolutely love about the law.

Regards,

Roger