Bruce said:
There's nothing to explain, since the law clearly states that only one
installation is permitted,
Quote the exact words you think says that
regardless of where the computer is
located. What part of "a" do you not understand? Is one too high a
number for you to comprehend?
LOL! Read and learn, chumpers!
Title 17 Chapter 1 Section 117: Limitation on Exclusive Rights:
Computer Programs
In Copyright law "Exclusive Rights" mean the copyright owners rights.
The main gist of Section 117 is to LIMIT the "Exclusive Rights" of the
copyright owner!
Then Section 117 (a) is titled:
"Making of Additional Copy or Adaptation by Owner of Copy."
Adaptation - the process or state of changing to fit new circumstances
or conditions, or the resulting change.
And that's pretty much describes the act of installation software from a
CD to a computer. And Do I really have to define what ADDITIONAL
means?!
For you, I guess I do, that would mean additional to the original
adaptation or as I say installation.
Section 117 (a) continues:
"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"
It is "NOT AN INFRINGEMENT" to make "ANOTHER COPY OR ADAPTATION." Can
you say it means anything about only one copy?
Now Section 117 gives 2 different condition when it making "another copy
or adaptation" is "not an infringement" on the exclusive rights of the
Computer Program Copyright Owner.
These conditions are stated as "(1) . . . . OR . . . . (2)", not (1) AND
(2). Do you know and understand the difference between the two
statements?
(1) AND (2) means that both conditions must be met in order that making
an "ANOTHER copy or adaptation" is "not an infringement."
"(1) . . . . OR . . . . (2)" means that only one of these conditions
need to be met in order that making an "ANOTHER copy or adaptation" is
"not an infringement."
Do you understand so far?
Condition (2) is fairly simple to understand, as it says you can make
backups, and has little bearing on using "ANOTHER copy or adaptation."
Do you agree?
Condition (1) is a little more complicated so first I'll quote it first
in conjuction with part (a), and then break it down into what I believe
it means.
". . . . 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 . . . . 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 . . .
.."
See all I did was removed "(a)" and "(1)" and the "or" at the end.
". . . . that such a new copy or adaptation . . . ."
"New" refers to the "additional" or "another copy or adaptation"
from part (a).
". . . . is created as an essential step . . . ."
In my interpretation I say " is made as a necessary step"
created - to produce something as a result, or make something happen
essential - necessary: of the highest importance for achieving something
See so far how my "interpretation is going, using the definitions to put
the law into laymans terms?
". . . . in the utilization of the computer program . . . ."
or as I say in my "interpretation:"
". . . . in making use of the software . . . ."
Are you willing to give me that "computer program" means "software?"
utilization - make use of something: to make use of or find a practical
use for something.
So far I'm twisting nothing, am I?
". . . . in conjunction with . . . . "
or as I say in my "interpretation:"
". . . . together with . . . ."
in conjunction with - together with or combined with something
Now we come to the hard part, the difference between "a" and "the"
the - CORE MEANING: an adjective, the definite article, used before
somebody or something that has already been mentioned or identified, or
something that is understood by both the speaker and hearer, as distinct
from "a" or "an"
a - CORE MEANING: the indefinite article, used before a singular
countable noun to refer to one person or thing not previously known or
specified, in contrast with "the," referring to somebody or something
known to the listener.
". . . . a machine . . . ."
Had the writers of this law had the intention that this "new copy or
adaptation" could only be used "in conjunction with" the computer with
the original adaption, then they would have written "THE machince," but
they didn't. They purposefully wrote "a machine," a thing not
previously known or specified.
So that's where I get my "interpretation" of "a machine" meaning:
". . . . a previously unknown computer . . . ."
Then part (1) ends with:
". . . . and that it is used in no other manner . . . ."
Which I use word for word in my interpretation.
So let's put it all together, and put the law and my "interpretation" up
side by side.
First the law again:
". . . . 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 . . . . 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 . . .
.."
Now my "interpretation:"
". . . . Making of Additional Installation by the Owner of a Copy of
Software. - It is not infringement for the owner of a copy of software
to make another installation provided . . . . that such a new
installation is made as a necessary step in making use of the software
together with a previously unknown computer and that it is used in no
other manner . . . ."
So you see, Section 117 (a) says absolutely nothing about using software
on only one computer, or protecting the exclusive rights of the
copyright owner over that of the owner of a copy of software. Section
117 (a) is a "Limitations on [the] exclusive rights" of the copyright
owner, and is a protection for "the owner of a copy of a computer
program"
from being sued by the copyright owner for "infringement" for making
"another copy or adaptation" for use on a non-specific computer, and
says ABSOLUTELY nothing about limiting all adaptations to the same
computer.
--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"