Anthony DeRobertis wrote: > On Thursday, Aug 7, 2003, at 11:20 US/Eastern, Bernhard R. Link wrote: > >(And while the lawyers seem currently struggling here in > >Germany if usage of a program is copying to RAM and thus limited > >by copyright law or not, I just handle immoral things as void). > > Really? Just now? In the US, Title 17 says it's not. At least I'm > pretty sure it does, not online at the moment to check.
17 USC 117 says it is not an infringement to make copies if they are "created as an essential step in the utilization of the computer program in conjunction with a machine". I would argue this covers any loading from harddisk into RAM, so the copyright holder cannot forbid you to do this. European copyright law with respect to computer programs is harmonized based on a.o. Directive 91/250/EEC of 14 May 1991. Article 4 of this Directive says quite explicitly: Insofar as loading, displaying, running, transmision or storage of the computer program necessitate such reproduction, such acts shall be subject to authorization by the rightholder. Article 5 then says that the authorization is not necessary if a lawful acquirer needs to perform the acts for the use of the program in accordance with its intended purpose. So, if "running" a program necessitates "reproduction" in the meaning of copyright law, you need permission from the copyright holder, unless you have lawfully acquired the program and you're using it as intended. Arnoud -- Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
