Re: click-wrap contracts and libraries

From: John R. Levine <johnl[_at_]iecc.com>
Date: 29 Jan 2003 21:19:22 -0500


> Before you go lending software to anyone, I would strongly suggest
> that you talk to an attorney and have him look at the licenses. The
> penalties for copyright infringement can be quite stiff.

But the guy asking the question is in California, not Virginia. Since California isn't a UCITA state, is there any reason to think that shrink-wrap licenses matter in California? Copyright is no bar to lending original legitimately purchased copies of software. Libraries do it all the time.

Also the educational exemptions in 17 USC 110 might apply if running software is considered to be a display or performance of a nondramatic literary work and the place that students use it is something like a classroom.

-- 
John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 387 6869
johnl@iecc.com, Village Trustee and Sewer Commissioner, http://iecc.com/johnl, 
Member, Provisional board, Coalition Against Unsolicited Commercial E-mail
Received on Thu Jan 30 2003 - 02:19:34 GMT

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