i saw this on a form and was wondering. does this allow a person to sell backups of anything games, movies, software, putting responsibility on the buyer?
United States of America;
Sec. 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.
(b) Lease, Sale, or Other Transfer of Additional Copy or
Adaptation. - Any exact copies prepared in accordance with the
provisions of this section may be leased, sold, or otherwise
transferred, along with the copy from which such copies were
prepared, only as part of the lease, sale, or other transfer of all
rights in the program. Adaptations so prepared may be transferred
only with the authorization of the copyright owner.
(c) Machine Maintenance or Repair. - Notwithstanding the
provisions of section 106, it is not an infringement for the owner
or lessee of a machine to make or authorize the making of a copy of
a computer program if such copy is made solely by virtue of the
activation of a machine that lawfully contains an authorized copy
of the computer program, for purposes only of maintenance or repair
of that machine, if -
(1) such new copy is used in no other manner and is destroyed
immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that
is not necessary for that machine to be activated, such program
or part thereof is not accessed or used other than to make such
new copy by virtue of the activation of the machine.
(d) Definitions. - For purposes of this section -
(1) the %26quot;maintenance%26quot; of a machine is the servicing of the
machine in order to make it work in accordance with its original
specifications and any changes to those specifications authorized
for that machine; and
(2) the %26quot;repair%26quot; of a machine is the restoring of the machine
to the state of working in accordance with its original
specifications and any changes to those specifications authorized
for that machine.
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
As the program for general revision of the copyright law has
evolved, it has become increasingly apparent that in one major area
the problems are not sufficiently developed for a definitive
legislative solution. This is the area of computer uses of
copyrighted works: the use of a work %26quot;in conjunction with automatic
systems capable of storing, processing, retrieving, or transferring
information.%26quot; The Commission on New Technological Uses is, among
other things, now engaged in making a thorough study of the
emerging patterns in this field and it will, on the basis of its
findings, recommend definitive copyright provisions to deal with
the situation.
Since it would be premature to change existing law on computer
uses at present, the purpose of section 117 is to preserve the
status quo. It is intended neither to cut off any rights that may
now exist, nor to create new rights that might be denied under the
Act of 1909 or under common law principles currently applicable.
The provision deals only with the exclusive rights of a copyright
owner with respect to computer uses, that is, the bundle of rights
specified for other types of uses in section 106 and qualified in
sections 107 through 116 and 118. With respect to the
copyright-ability of computer programs, the ownership of copyrights
in them, the term of protection, and the formal requirements of the
remainder of the bill, the new statute would apply.
Under section 117, an action for infringement of a copyrighted
work by means of a computer would necessarily be a federal action
brought under the new title 17. The court, in deciding the scope of
exclusive rights in the computer area, would first need to
determine the applicable law, whether State statutory or common law
or the Act of 1909. Having determined what law was applicable, its
decision would dep|||You can%26#039;t sell it. It says so in (2)(b).
You can only make copies if it is an essential step in using the software.|||No. You can only sell the %26quot;original%26quot; copy you got (e.g., on a CD), plus one copy on the hard drive, which was authorized as %26quot;essential%26quot; to the operation. Any other %26quot;archival%26quot; copies must be destroyed once you sell the computer or the software copy.
