Re: Copyright Question (fwd)

I'm not as sure as Jim Heller. First, Sec. 109(b)(1)(a) does not apply to "a computer program which is embodied in a machine or product and which cannot be easily copied during the ordinary operation or use of the machine or product" (109(b)(1)(B)

I suspect that some of these games are covered by this subsection.

Second, the proceeds are arguably being used for non-profit purposes - the acquisition of books for a non-profit library. Consider a slight variation - the school rents the programs for free for one hour then imposes a late fee. Money collected from the late fee is then used to buy books.

Third, consider whether the holders of the copyyright would want the adverse publicity of suing a school where the kids are so enterprising when there are plausible defenses and minimal loss of revenue.

Once again let me express my bias against always interpreting the statute in favor of the copyright holders.

Though I don't give advice I can say that I would prefer that my kids rent these games than sell more cookies and cakes.

  Don Berman --  

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