When you run a program, your computer makes copies--from disk to RAM, for instance. Without a copyright license, that's considered infringement.
I refer you to 17 U.S.C. § 117, which states that "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" for the purposes of running or archiving the program.
This actually looks like the issue of contracts ("EULAs"). The court seems to have determined that § 117 doesn't apply because the ability to run the software in question is regulated by a contract. As many such contracts say, the software is "licensed, not sold" (though as I said, I contend that this use of the word "licensed" is incorrect). However, I can't explain the ruling of copyright infringement.
In any case, it's worth noting that as a result of this case, Congress amended 17 U.S.C. to add § 117(c), which explicitly allows the reproduction of copies of a program for the purposes of computer system maintenance.
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Re: You?
Date: 2012-01-31 08:48 pm (UTC)I refer you to 17 U.S.C. § 117, which states that "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" for the purposes of running or archiving the program.
This actually looks like the issue of contracts ("EULAs"). The court seems to have determined that § 117 doesn't apply because the ability to run the software in question is regulated by a contract. As many such contracts say, the software is "licensed, not sold" (though as I said, I contend that this use of the word "licensed" is incorrect). However, I can't explain the ruling of copyright infringement.
In any case, it's worth noting that as a result of this case, Congress amended 17 U.S.C. to add § 117(c), which explicitly allows the reproduction of copies of a program for the purposes of computer system maintenance.