Re: Re: Running Software, Copyright, and SCO

From: Bryan Taylor <bryan_w_taylor[_at_]yahoo.com>
Date: Fri, 08 Aug 2003 15:31:00 -0400

• Chris Mohr <chrismohr[_at_]sprintmail.com> wrote:
  > No. I believe what my learned friend was suggesting was the minute that one
  > makes a _copy_ of the software, they are liable. The "copy" occurs once the
  > program is loaded into RAM. So if your point is about possession, you're
  > right. But the instant the software is used, 117 does not apply because the
  > user doesn't own it.
  

What do you mean the user doesn't own it? I bought my CD's at best buy. Infringing or not, I certainly do own them. I bought my hard drive from Dell. I do not lose ownership of either physical item when its bits are jiggled to hold the work in question. Nothing in the copyright act says you cannot own a copy of an infringing work.

> The music hypo works a little differently.

No it doesn't. I and the vendor and the retail outlet agree that I own the copy.

What is the basis of your claim that owning a CD with music on it is different than owning a CD with software on it? Again, this is not a shrinkwrap case where the EULA purports to retain title to the copy, so if you are about to say the EULA, don't.

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