Re: Copyright Infringement Happening at Conference Group - Help!

From: Matthew J. Borcherding <mattb[_at_]autobahn.org>
Date: Wed, 22 Jul 1998 12:36:27 -0700

On 7/21/98, Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
>
> John H. Lederer <johnl[_at_]ibm.net> wrote:
> [In response to discussion about implied licence by web usage]
> >
> > So, he, he, if we all copy movies we rent we'll be OK? Who is willing
> > to start off?
>
> To make use of any web document you need to make copies. Without an
> implied licence to reproduce the intended use cannot be made. The issue
> is not whether there is a licence, but what are the exact terms of that
> licence.
>
> With rented movies (at least the analogue technology ones), you don't
> need to make a copy to make use of them in the intended way. i.e. you
> don't need a licence to reproduce.
>
> > I know my kids (I am ashmaed to say) have done much to establish the
> > principle that copying games is the custom and usage.
>
> Given that temporary copies in RAM are not considered infringing copies
> for the purpose of copyright, similar analogies apply although it gets a
> bit more complex when shrink-wrap licences are involved or parts of the
> game need to be installed on your hard-drive.

I don't know if you are stating AU law, but RAM copies can be fixed enough for copyright infringement here in the U.S. This doctrine started with the 9th circuit in MAI v. Peak, 991 F.2d 511 (1993). This doctrine has also been adopted by district courts in the 4th circuit (ACS v. MAI, 845 F.Supp 356 (E.D. VA 1994)), and in the 7th circuit (Marobie-FL v. Nat'l Ass'n of Fire Equipment Distributors, 983 F.Supp 1167 (N.D. Ill. 1997)). The Supreme Court has yet to hear a RAM infringement case.

I have a lot of problems with this doctrine (as I know so do many of the members of this list). However, it is currently the law in at least part of the U.S.

+------------------+----------------------------------------+

| Matt Borcherding | 100 McAllister St. #2102, SF, CA 94102 |

+------------------+----------------------------------------+

<mattb[_at_]autobahn.org> Received on Wed Jul 22 1998 - 19:37:57 GMT