Re: Used Software

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Wed, 11 Oct 1995 00:10:59 -0600

> When a person buys used software, the "shrink wrap" is gone. What are
> the obligations of the new owner?

Pretty much as set out in 17 USC 117:

      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 new a 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.

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The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Wed Oct 11 1995 - 05:14:57 GMT