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As far as I know, making/downloading a backup of a contentholder you already own (CD, DVD, HDD) for personal use is very much legal, no matter where the backup comes from. Remember that downloading itself isn't illegal, uploading is. And if the cops do show up because you downloaded something, if you can show your AO box then they won't have a leg to stand on.
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Ack, read your EULA's people you CAN NOT copy your own game for a backup if you own the orignal disc or not, you can't upload it (you'd have broken the first point if you did this anyway), you can't resell it, you can't decompile it.
In short, if your disc is broken you have to buy a new one, it seems unfair but thats the way it is.