Re: click-wrap contracts and libraries

>>> kgrierson[_at_]wilsav.com wrote:

Tyler T. Ochoa
Professor and Co-Director
Center for Intellectual Property Law
Whittier Law School
3333 Harbor Blvd.
Costa Mesa, CA 92626
(714) 444-4141, ext. 243
(714) 444-1854 (fax)
tochoa[_at_]law.whittier.edu

>>> johnl[_at_]iecc.com 01/29/03 06:19PM >>> replied: 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.
<<<<<

Your second sentence is incorrect. Although in general lending of copyrighted works is permitted by the first-sale doctrine codified in Section 109(a), there is an express exception prohibiting the lending of computer programs (and sound recordings) "for the purposes of direct or indirect commercial advantage" in Section 109(b)(1)(A). There are, of course, exceptions to the exception, including one for libraries: libraries are expressly permitted to lend software under Section 109(b)(2)(A), if they meet the conditions specified in the statute. Received on Thu Jan 30 2003 - 16:54:55 GMT