Re: Re: Running Software, Copyright, and SCO

On Mon, 11 Aug 2003, Roy Murphy wrote:

> I don't believe that a copy in RAM is a copy for the purposes of
> copyright law because the copy is transitory and not fixed in a medium.

In MAI v. Peak, the Ninth Circuit held that it was indeed a copying. As part of the DMCA, Congress overrode the result in MAI (that this copying, for the purpose of performing computer maintenance by a non-licensee and non-copy-owner of the copy of the OS, was infringing), but left intact the basic holding that copying into RAM is a a making of a copy. This is now in section 117(c).

-- 
Terry Carroll        |   "I say to you that the VCR is to the American
Santa Clara, CA      |   film producer and the American public as the 
carroll[_at_]tjc.com      |   Boston strangler is to the woman home alone."  
                     |       Jack Valenti, MPAA President
Modell delendus est  |       Testimony before Congress, 1982