Re: Installation
Celejar writes:
> ...my point is that even if you sell the hard drive, or any other
> physical object containing the copy of the software that you own, the
> purchaser will still not have the legal right to actually use that
> software, insofar as your license doesn't grant you the right to
> transfer the right to use the software in the manner that you are
> trying to transfer it. Am I wrong?
Yes. First of all, under USA copyright law a "copy" is a tangible
thing. Thus your copy _is_ the "physical object containing the copy of
the software". Second, the creation of copies is the exclusive right[1]
of the copyright owner but once made copies are ordinary tangible
property outside the purview of copyright law. Once they have left the
ownership of the copyright owner they can be bought, sold, traded, given
away, etc without his permission. They are just things. Third, USA
copyright law explicitly permits the legal owner of a copy of a piece of
software to make whatever copies are necessary in order to use it: thus
you are not infringing the copyright by copying it into RAM, etc.
You do not need the copyright owner's permission to sell or buy a copy
of a piece of software or to use one that you own. You do need the
copyright owner's permission to create additional copies[1]. Destroying
the original after creating a copy doesn't make it ok.
Of course, as a condition of sale of a copy of the software the
copyright owner can require you to agree to all sorts of wonky
conditions, but that's a civil matter between you and him. It has
nothing to do with copyright law and is not binding on anyone you sell
the copy to. His only recourse is to sue you for breach of contract
should you violate the conditions.
[1] There are exceptions: you may make "fair use" copies without
permission, for example. You can also make ephemeral copies and, under
some circumstances, "backup" copies.
--
John Hasler
Reply to: