RE: Consideration in a Shrinkwrap Contract

From: Bryan Taylor <bryan_w_taylor[_at_]yahoo.com>
Date: Sun, 8 Oct 2000 09:03:09 -0700 (PDT)

• John Noble <jnoble[_at_]dgsys.com> wrote:

> Your try was pretty good too, but "another copy" and "a machine" are
> both ambiguous. Is it really one copy on one machine, or can you make

> more than one copy on more than one machine.
 

This is the conservative reading of the statute. If it does give more, then I'm happy. I bet that 17 USC 117 has been the subject of a lawsuit so that the meaning of this is probably pinned down by judicial interpretation now. The copyright office might have interpreted this. I would hope a court would lean on their interpretation rather than wing it.

> Are you taking the position -- "one machine at a time" -- that the
> software cannot be loaded on both your desktop and your laptop except

> by license.

Interesting question. Perhaps there is a restriction that only one copy can be in use at a time. (I think I've heard such terms before) Maybe not. In any event, one user on one machine is the absolute minimum interpretation of the statute.

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