Re: my day in court (ProCD v. Zeidenberg)

In Section 117 below does the definition of "computer program" include factual data which may be part of a computer packages. Can a computer program exist as the software apart from the data it may be using. They may or may not be bundled as a package. This case would represent a bundled product. A computer program such as Lotus 1- 2- 3 is just the program and the data is created by the end user.

George Abbott
<glabbott[_at_]hawk.syr.edu>

> Much of the hearing concerned the proper reading of 17 U.S.C. sec. 117,
> which provides:
>
> Notwithstanding the provisions of section 106,
> it is not an infringement for the owner of a copy of
> a computer program to make or authorize the making of
> another copy or adaptation of that computer program
> provided:
> (1) that such a new copy or adaptation is created
> as an essential step in the utilization of
> the computer program in conjunction with a
> machine and that it is used in no other
> manner, or
> (2) that such new copy or adaptation is for
> archival purposes only and that all archival
> copies are destroyed in the event that
> continued possession of the computer program
> should cease to be rightful.
> Any exact copies prepared in accordance with the provisions
> of this section may be leased, sold, or otherwise transferred,
> along with the copy from which such copies were prepared, only
> as part of the lease, sale, or other transfer of all rights in
> the program. Adaptations so prepared may be transferred only
> with the authorization of the copyright owner.
Received on Tue Sep 26 1995 - 15:27:30 GMT