QUESTION

Can I legally torrent a program I own online if I lost my program disc?

Asked on Aug 31st, 2013 on Entertainment Law - California
More details to this question:
I own a piece of recording hardware that had a version of Pro Tools on a disc, included with the hardware. I lost the disc, though, so would it be legal for me to torrent the program online?
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2 ANSWERS

Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
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Copying files off of bit torrent seems like a quick and inexpensive solution, but it is not. You are making a copy of someone else's copyrighted material.
Answered on Sep 11th, 2013 at 2:05 PM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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Technically, no you cannot create a torrent because it would be a derivative work under copyright law, which generally protects software rather than patent law. However, the same is also true of a wav file being converted into a mp3 file for storage on a computer or media player. While technically not allowed, most patent/copyright cases do allow some leeway for such circumstances, provided the software is solely for personal use replacement, not sold and does not violate the shrink wrap license an/or EULA.
Answered on Sep 11th, 2013 at 2:04 PM

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