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Re: Intellectual Property II


From: Isaac
Subject: Re: Intellectual Property II
Date: Sat, 11 Feb 2006 06:00:46 -0600
User-agent: slrn/0.9.7.4 (Linux)

On Fri, 10 Feb 2006 22:00:56 -0600, John Hasler <address@hidden> wrote:
> Isaac writes:
>> 17 USC 117 is a limitation on the copyright holders rights that allows an
>> owner of a copy of software to make copies necessary to install and run
>> software without having any permission from the copyright holder.
> 
> Not "copies".  _"Copy"_.  And one installation.  Note the wording:
> ..."Additional Copy" ... "another copy" ... "a new copy" ... "a machine"...
> 
> TITLE 17 CHAPTER 1 ยง 117. Limitations on exclusive rights: Computer programs
> 
> (a) Making of Additional Copy or Adaptation by Owner of Copy.
>     Notwithstanding the provisions of section 106, it is not an
>     infringement for the owner of a copy of a computer program to make or
>     authorize the making of another copy or adaptation of that computer
>     program provided:
> 
>     (1) that such a new copy or adaptation is created as an essential step
>       in the utilization of the computer program in conjunction with a
>       machine and that it is used in no other manner, or
> 
>     (2) that such new copy or adaptation is for archival purposes only and
>       that all archival copies are destroyed in the event that continued
>       possession of the computer program should cease to be rightful.
> 
>> My reading of 117 is that there is no limit to one installation per owned
>> copy.
> 
> Surely you do not believe that you can purchase one copy of a piece of
> software and legally install it on a thousand computers.

I believe that I could were a court to recognize that I owned the copy
of software rather than having license it.  Courts in the US don't
seem to recognize such a thing. 

If you are familiar with something in the legislative history that
speaks to this issue, please point to it.  Otherwise I'm going to assume 
that you are going with your gut feeling. 

Isaac


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