Originally Posted by newconroer
I was still under the impression that as long as money isn't involved (i.e. redistribution for sale) and/or massive amounts of content (i.e. servers with terabytes of pirated content), than they leave it to ISPs to intervene or not; as opposed to calling in some RIA type S.W.A.T. team.
It's hard for a lawyer to convince a jury and/or judge if there is no money involved. What they have to do is try to convince the jury and/or judge that "intellectual property" was stolen. Still, that is a hard argument to make because, as with all data, we can make lossless copies of anything an infinite number of times.
This is the law that is usually cited in such cases:
You could argue this exemption if it gets serious:
Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace. (A renewed exemption, first approved in 2003.)
Your disk has become obsolete (definition 4)
and you had to obtain a copy to replace that obsoleted medium for the purpose of "archival reproduction."
The disk is not "reasonable available in a commercial marketplace" because you already purchased the content and have a right to use it.