Why is it "illegal" to backup my games?

[Khuutra]

kitler53 said:

Khuutra said:

kitler53 said:

Now i'm extrapolating a bit here but I'm pretty sure video games sold in disc form has roughly the same user licensing agreements meaning making backup strictly speaking is illegal.

I apologize for being pedantic, but the EULA has little to do with it; in most jurisdictions, EULAs aren't legally enforceable. Nintendo says you're not allowed to have backups, but oh boy, you sure are.

lol - that is so increadibly misinformed.  Read up: it's a pretty famous case in which the US supreme court upheld an EULA.

Many EULAs haven't held up in court and that is because the law states that no EULA can force a consumer to give a right granted by US law.  But otherwise, it is just a contract to which you agreed to.

To my knowledge there hasn't been any court cases conserning video game backups which is why i gave the example of DVDs because it is the closest case of precidence.  Right now the lawsuit with Geohot is probably going to set a lot of standards.

That single case doesn't really outline all of what we're tlaking about, here, especially since one can't agree to a brick-and-mortar video game's EULA without already paying for the product, which I recall being problematic for companies in the past.

I'm not really the guy to ask, I guess; noname is, since he's a law guy and is interested in this stuff. Still, I could have sworn...