Yes, I'll give you that under Section 117 of the copyright act, he (my friend) is infringing on the exclusive distribution right in that scenario. He's not competent to judge that I have a license unless he's a licensed distributor.
However, I have a license to use the software. The fact that someone else broke the civil law doesn't have anything to do with my license unless the license explicitly states that I'm not allowed to use the software if the media is damaged. Federal, criminal law hasn't even been approached because that has an even higher standard (financial gain).
However, as I said, good luck showing damages in court over a case of personal restoration of media. These aren't blue jeans. No one has suffered a loss. Next time, I'll make sure my friend is an authorized party and I gave him the backup to hold and not use.
Nobody wants to take responsibility for their actions. You have validated, for me, everything I said in post #66. People just need to stop making excuses, pick a side and 'own it'.
Oh please. I *am* being responsible. I paid for a license. Anything more than that, IP holders wanting to get paid multiple times because of CD rot, is not my ethical responsibility. I know you're used to dealing with pirates. I'm not one of them. I'm actually a holder of multiple copyrights myself. I'm just not about to say, yeah, you're right, you're entitled to get paid anytime somebody scratches a CD. Thats ridiculous and definitely not what the copyright law intended.
AS for the Hurt locker, those aren't my friends:
This is not the same as torrent'ing the Hurt Locker before it's even been released. They can hang those guys out to dry for all I care, so long as they, you know, actually did the deed, instead of getting picked up because their rotating IP was cached by a tracker.
but if every one of them had paid for the Hurt locker once already in DVD format, and their DVDs were all defective? Well then I'd definitely be on their side.