Legalities of Backing up Software

[su root]

This is a split from another thread (http://forum.oc-forums.com/vb/showthread.php?s=&postid=1962625#post1962625). That thread touched on this topic, but didn't go into it in depth.

I am wondering: If Canadian Law (see below) says that I have the right to back up computer software, but the EULA of the software forbids it, which one prevails?

Does this include going as far as subduing copy protection to make / use these backups?

(can any lawyers out there shed some light on this topic?)

From http://laws.justice.gc.ca/en/1997/24/text.html
Ammedment to the Canadian Copyright act, ammended 25th April, 1997:
Chapter 24, Bill C-32, 30.6: Computer Programs-Permitted Acts

30.6 It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright to

(a) make a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that the reproduced copy is

(i) essential for the compatibility of the computer program with a particular computer,

(ii) solely for the person's own use, and

(iii) destroyed immediately after the person ceases to be the owner of the copy; or

(b) make a single reproduction for backup purposes of the copy or of a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes is destroyed immediately when the person ceases to be the owner of the copy of the computer program.

[Oni]

Where's Flounder when you need him? :)

[Xeeozees]

Don't Copy That Floppy!

[flounder43]

I cannot give general legal advice. However, as a layperson, it certainly looks like the Canadian law specifically gives you the right to make a "back-up" copy under certian circumstances.
If the EULA is in conflict with this, it is up to the Canian Courts to decide. Not only can I not give advice, but I simply do not have access to the Canadian law on the matter.

[su root]

aah, i understand :) I know US Laws are alot different than Canadian ones..

Re-reading it again, I see that it has one sharp clause, "that is authorized by the owner of the copyright to".. that sounds like "As long as they give you permission to copy it".

Oh well. I was just curious on the matter.