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> > Using software is not one of the exclusive rights of Copyright holders. > Copying is, and copying into memory is inherently necessary to use. (Of course, i

> > Using software is not one of the exclusive rights of Copyright holders. > Copying is, and copying into memory is inherently necessary to use. (Of course, in some cases, copying may be fair use.) Has this interpretation actually been upheld by any courts? It feels like a stretch to me.

dragonwriter 1y ago
> Has this interpretation actually been upheld by any courts? That copying into RAM, including specifically in the context of running software, is included in the exclusive right of copying reserved to the copyright holder except as licensed by them? Yes, the main case I am familiar with being MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993) [0]; note that for the specific context of that case (software that is run automatically when activating a computer in the course of maintenance or repair of that computer), Congress adopted a narrow exception after this case , codified at 17 USC § 117(c) [1], but that validates that in the general case, copying into RAM is a use of the exclusive rights in copyright. [0] https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Computer,_Inc https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Comp.... [1] https://www.law.cornell.edu/uscode/text/17/117 https://www.law.cornell.edu/uscode/text/17/117
- ndriscoll 1y ago
  Right on your second link: > 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 i.e. the owner of a copy of a computer program has the right to make more copies if necessary to use it (e.g. copy-to-RAM, copy to CPU cache) as long as they don't use those additional copies for any other purpose. That same section also gives you the right to make backups as long as you destroy them when giving up ownership of the original.

dragonwriter 1y ago

> Has this interpretation actually been upheld by any courts? That copying into RAM, including specifically in the context of running software, is included in the exclusive right of copying reserved to the copyright holder except as licensed by them? Yes, the main case I am familiar with being MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993) [0]; note that for the specific context of that case (software that is run automatically when activating a computer in the course of maintenance or repair of that computer), Congress adopted a narrow exception after this case , codified at 17 USC § 117(c) [1], but that validates that in the general case, copying into RAM is a use of the exclusive rights in copyright. [0] https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Computer,_Inc https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Comp.... [1] https://www.law.cornell.edu/uscode/text/17/117 https://www.law.cornell.edu/uscode/text/17/117

ndriscoll 1y ago
Right on your second link: > 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 i.e. the owner of a copy of a computer program has the right to make more copies if necessary to use it (e.g. copy-to-RAM, copy to CPU cache) as long as they don't use those additional copies for any other purpose. That same section also gives you the right to make backups as long as you destroy them when giving up ownership of the original.