Re: Intellectual Property II

[John Hasler]

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 § 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.

It's quite obvious to me that the intent of § 117 is to make it clear that
the owner of a copy of a piece of software has the right to make those
incidental copies required to install it on one computer.  I'm sure that
the legislative history would support me in that.
-- 
John Hasler 
john@dhh.gt.org
Dancing Horse Hill
Elmwood, WI USA