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Fair Use and You: Making Backups of your Digital Media

With all the internet and anti-pirating laws passed in the last decade, people are scared to do what Fair Use laws allow them to do. Basically, to make backups of programs, movies, and games they’ve legally purchased.

Fair use Laws and Data Backup

In terms of Fair Use laws, you are allowed to make backup copies of media you’ve purchased. You can also use bits and pieces of that media for school projects and presentations.

You just have to keep copyright laws in mind when doing so, and not make copies for public distribution and sales. And yes, public distribution does include making copies of copyrighted materials for your friends and family who live outside your home. You also may not transmit those materials over digital lines.

Personal Use

You are, for example, allowed to make a backup of that new game you purchased for your personal use. There are many reasons for this including: You what to keep the original disks from getting damaged by repeated use, you want to keep the originals safe from your children, and you don’t want to carry the disks around with you for using with your laptop.

No matter what your reasons are, you feel it is your right to make backups of any media and materials you legally purchased. In the most technical sense, you are absolutely correct. Here’s where it gets tricky.

Copyright and Encryption

Almost all of those movies, games, and programs come with encryption and copyright protection now. If you try to use any of those backups the movie won’t play, the game asks for the original disk, or the program fails to load without the original in the disk drive. While it is your right to make copies, the Digital Millennium Copyright Act of 1998 has made it illegal for you to circumvent the copyright protection.

Lawsuit Case Study

Case in point: In 2004 321 Studios, a company which made programs to allow consumers to make backups of their legally purchased commercial DVD’s, was forced to shut its doors after repeated lawsuits were filed. A federal judge agreed with the plaintiffs, and ruled that the programs were in violation of copyright laws.

Many other cases have been brought before the courts over the years, but the results are usually the same. If the product “can” be used to circumvent CSS protection, then it’s in violation of copyright laws or the DCMA.

What does this mean for you, the consumer?

Be very careful when making “legal” backups of your digital media. Even if you are within you rights to make copies for personal use, companies have the power, money, and lawyers to force you to desist. Try not to use any of those backups on a computer which has access to the internet. Many programs and movies automatically connect to the manufacturer’s website.

Become active in your state’s political arena. Send letters to your federal representatives urging them to amend or repeal the Digital Millennium Copyright Act of 1998. Encourage others to do so as well.

Don’t create any websites or articles which detail how to bypass the CSS protection on any digital product. While it may only be to enhance the product, it’s still in violation of the MCDA and could land you in court.

Avoid Hacks and Cracks

Above all, don’t download any “hacked” or “cracked” software or movies. Companies such as EA Games, Disney, and NBC have teams which scan the internet to see who is downloading their products. They also place some of those files on the internet to track the people downloading them.

I need to find a way to transfer all my files on my old computer to my new computer. I bought Ghost 14.0 and the backup of the old computer used 15 CDs. I only have the one monitor. I do have a small flash drive, 256mb.

Norton Ghost 14.0 Features

Norton Ghost has a variety of features for backing you your data, applications, and even your entire hard drive (operating system and all!). It also has a neat feature called Copy Drive that makes this fairly easy to do. How you created the 15 CDs will dictate how you should proceed. For example, if the CDs are backups of the data only, you’ll need to install Norton Ghost on your new computer and use the Recover My Files option where as if you used the Copy Drive feature, the steps will be different. The Copy Drive feature is useful when you are replacing an older hard drive with a new one and may not be the best choice for copying files to a new computer.

Using the Recover My Files Option

Since you have a full backup on CDs and a brand new computer, the first step is to install Norton Ghost on the new computer. I assume that you don’t want to replace the new operating system that came with your new PC, just the data, right? Once Ghost is installed, insert disc one into the new computer and launch Norton Ghost. Click on the Recover My Files link followed by File and Folder for the search method. Now, you’ll need to browse and select the files that you want to recover. Once you’ve selected the data files, click on Recover Files and choose either “Recovered files folder on the desktop” or “Alternate folder.” You will need to repeat this for all 15 discs and some discs may not contain any data files at all.

Because you have so many discs, I recommend that you redo the Ghost backup and select only the data files that you want to place on your new computer and then back those up on CD. It will be easier than browsing through 15 discs of operating system and application files.

Dealing with One Monitor

Fortunately, it doesn’t matter that you only have one monitor. Once you are confident that you have saved all of your data on CD, you can disconnect your old computer and connect the new PC to the monitor.

Other Options

Ghost is fairly complex. If you haven’t already, download the user’s manual. That way, you’ll have step-by-step directions for using all of Ghost’s features.

While Ghost is powerful, depending on how much you want to transfer from one computer to the next, you might find that the Windows Files and Settings Transfer Wizard is easier in this situation. This utility is terrific for transferring your files and settings from a Windows XP or Vista machine to a new XP or Vista computer. Go to Start > Programs > Accessories > System Tools > File and Settings Transfer Wizard (Windows Easy Transfer if you have Windows Vista) and follow the prompts.

Related Articles:

Open GHO File

The USB ports are not recognizing when a memory stick is inserted - it says unrecognizable.

Is it all USB devices, or just one particular memory stick? There are times when a memory stick is defective, so be sure the issue really is with the port and not one particular device. Assuming the issue is with the computer itself, there are some things you can do if one or more of your USB ports is unrecognizable.

USB Card Readers

With the introduction of high capacity memory cards, older card readers are often incompatible with newer high capacity memory sticks. Even though the cards physically look the same and fit, these readers cannot read the cards due to file system changes in the newer formats. Double check to be sure that the card reader is compatible with your memory stick.

Power Down

This may sound silly, but it has worked for others so it’s worth a try. Power the computer down and unplug it completely from the wall. Let it sit - some people say 10 seconds, some people say 1 hour, it’s up to you - and then plug it back in again and see if your USB ports are now recognized. Apparently, this allows the motherboard to discharge completely and this is often successful.

Are you using an HP computer? If so, you can try putting the stick in the USB port and turning off the computer. Unplug it and then hold the start button down for 10 seconds. Keeping the card in the slog, plug it back in and then restart. Many times your USB port will be recognized.

Uninstall Drivers

You can try to uninstall the drivers for the USB ports and let the system reinstall them. Go to Start and then Control Panel. Choose System and then Hardware and Device Manager. Expand the Universal Serial bus Controllers. Uninstall every device. Close the window and let the computer reboot. Windows should reinstall the correct drivers and allow the USB port to be recognized.

Latest Service Pack

Have you downloaded the latest Windows Service Pack? The original version of Windows XP had a problem when a USB port wasn’t used for a while, it would set the OHCI controller to suspend. Theoretically, it should “wake up” when something is plugged into the port, but it doesn’t always work. The Windows Service Packs were supposed to correct the problem.

I think either powering down or reinstalling the drivers will solve your problem. If it doesn’t and you need additional help, please let us know.

I tried to run a full backup this morning … backing up all C: files to my E: external hard drive. C: = 149 GB available, on E: 456 GB. C: is using the NTFS file system, E is using FAT32. The backup error tells me there wasn’t enough space. E has plenty of free space. Why am I getting this error?

Data Backup

You are correct that the external hard drive appears to have enough space to hold 149 GB of data from your C drive. After all, if you are only transferring 149 GB onto a space with 456 GB of free space, then you have sufficient room on E drive. Check and make sure that the size of data that you are backing up does not exceed the external drive’s capacity. For example, you have 149 GB of free space on the C: drive. However, you are not backing up the free space; rather you are backing up the data. In addition, there are other backup considerations to think about.

The first suggested solution is the most likely one to resolve the problem for you so start there. If that one does not work, then you can continue down the list. Most of the other suggestions are basic ones.

Insufficient Space for Data Backup on Drive Using FAT32

This type of error message is a common one whenever trying to back up more than 4GB of data onto an external drive using FAT32. The suggested solution from Microsoft is to create multiple backups.

Backing up Data to External Drive and Temporary Space

Every process that takes place on a computer uses up some of the resources that are available. When sufficient resources are not available, the situation will prompt the “not enough space” error message. If the amount of free space that you have for temporary use to transfer the files isn’t large enough, you will receive this message. What you need to do then will be to free up some space. Additionally, this message is sometimes generated when any disk on the computer is nearing 10% available space. Therefore, the wisest step is to free up some space on any additional hard drives/partitions that you might have installed.

Freeing up Temporary Space for Data Backup

In order to free up available space to complete the data backup transfer, consider completing the following steps:

• Delete unwanted programs, games, and pictures.
• Delete unwanted documents and files.
• Clear the temporary Internet cache, cookies, browsing history, etc.
• Empty the Recycle Bin.

Selecting Backup Data

It’s important to select only the data that you actually intend to backup with this transfer. For most systems, the C drive contains not only the operating system and documents, but also every game and application that you have installed onto it. This adds up to an entire wealth of data. If you are only interested in the meat of the system, you might try selecting a smaller portion to transfer rather than the entire drive. For example, transferring “My Documents and Settings” will effectively transfer your personal settings and data files. Data backup will take place more quickly if you select only the data that you need to save rather than everything that is on the computer.

Changing the Default for Data Backup

Depending on the model/make of your computer and the operating system that you have installed, the default for data backup is probably not set to an external drive. Whenever backing up data, check that the setting has been switched to the one that you intend to use, in this case, the E drive.

I have a set of three system recovery discs. I am a bit concerned that through some accident at least one of the discs could get damaged or lost. Is it possible and safe to copy the contents of the system recovery disc onto blank CD-R so that I can at least have a second copy for booting my PC should the need arise.

Being Prepared with Recovery CDs

I know a guy that often carries three sets of keys: one in each pocket and another emergency key on a long string around his neck. That way, should he lose his keys, he has a backup set in his other pocket. However, if the backup key were to fall down a gutter or something like that, he is prepared with a backup backup key and it’s around his neck where it can’t possibly slip out of his hands.

While it may seem redundant, making a second, or even a third, set of recovery CDs isn’t a bad idea in the least - and it’s perfectly safe to do. While CDs are fairly reliable, they can become scratched or even warped if exposed to excessive temperatures. You could drop a disc and it could break into pieces. I’ve even accidently cut a CD in half with scissors when trying to open the packaging of a USB drive. You may even have a bad recovery disc from the factory and wouldn’t it be better to discover that now rather than after a hard drive crash?

Copying Recovery Discs

Since you have three recovery discs, you will need three blank CD-R discs. Make sure that your computer is already turned on before loading the first recovery CD. Otherwise, it will boot into the system recovery mode which we don’t want. When inserting the disc into the already turned on computer, you may see a screen wanting to “auto-run” the disc. Don’t choose that option. Instead, choose the option where you can explore the contents of the disc.

Now, use your disc burning software, such as Nero, to copy the disc. You can also use Windows XP or Vista’s built-in disc burning features to copy each disc by going into My Computer and right-clicking the recovery disc in the source drive and choosing Burn to Disc from the menu. Follow the prompts to instruct Windows where to copy the disc.

If you do not have two CD drives, one as the source and the other for the burner, then you will need to create an ISO image of each disc and then copy the ISO images to your CDs. Disc burning software like Nero makes this a simple matter of following a few prompts.

Regular Backups

Recovery CDs have their place and can restore your computer back to its factory settings in case of a computer crash or extensive damage from computer viruses. However, most of us value our computers not so much because the operating system is neat or the programs are fun, but because they store our data. Our financial documents, family photos, and creative works are what really matter. So, while you’re copying your recovery CDs, take the time to backup your precious data. Better, yet, set up a regular backup system to ensure that should your computer crash, not only can you recover the operating system, you can recover your most important computing assets of all: data.

If you need a recommendation for online data backup solutions, read our Data Backup Reviews.

I am trying to install iTunes and my computer says Windows Installer is corrupt. I’ve tried downloading a new Window Installer and it has not worked. I am wondering now if I use my eMachine restore disc, will it work? Will it lose all my music and photos? Help?

If you use the restore disc that came with your eMachine, you will need to back up any data that you wish to save because you will lose everything due to the restoration. I am including directions on how to back up your iTunes folder. However, you will also need to back up any other information that you have stored on your computer.

There are many ways to backup your data and photo files including burning your files to CD or DVD or storing them online. If you’re interested in using an online backup service, BeinSync is an excellent choice.

Delete and Install iTunes

Before going through all of that, delete the iTunes that you tried to install even if the installation wasn’t complete. Next, visit Apple’s website and obtain the download for iTunes from there. You can access it from this link: iTunes.

Backing up iTunes Folder with a CD or DVD

With iTunes 7 or 8, a backup feature exists. It will allow you to save your iTunes library onto a CD or DVD. You’ll need a compatible CD burner or DVD burner depending on which form of media you choose to save it to. Follow these steps to create a back up disc:

1)      Open up your “iTunes.”

2)      Select the “File” tab.

3)      Select “Library.”

4)      Select the option “Back up disc.”

5)      From the dialog box for “iTunes Backup,” you should select one of the following choices: “Back up iTunes Store purchases” or “Back up entire iTunes library and play lists.”

6)      Insert your blank CD or DVD.

7)      Select the option “Back Up.” Your files will be saved as iTunes scans the disc and burns your files.

8)      If the disk does not have enough room on it, select the option “Data Discs” and insert additional disks.

9)      Transfer the files to the computer once you have restored it.

Transferring iTunes Folder with an iPod

Since an iPod includes a high capacity hard drive, you can use it to move all of your files from an old computer to a new or restored one. You can only do this if you are using iTunes 7, so update to iTunes 7 if you haven’t previously done so. To see a full set of detailed instructions on how to transfer your iTunes folder using your iPod, follow this link: Transfer iTunes Using iPod. It explains how to:

1)      Switch your iPod to manual use

2)      Enable disk use

3)      Place all of the music together

4)      Make sure you have enough room on your iPod

5)      Free up space on the iPod

6)      Prepare your iTunes for transfer

7)      Copy the iTunes folder to the iPod

8)    Backup files that currently exist

9)    Copy files to the new location

10)  Add the music that currently exists back in after the back up

11)  Free up room on the iPod so that you can put music back on

12)  Switch the iPod to automatic update