davidbrierley@lynx.northeastern.edu (05/26/89)
Here is what the S.198 says: To amend title 17, United States Code, the Copyright Act to protect certain computer programs. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That this Act be cited as the "computer Software Rental Amendments Act of 1989." SEC. 2. Section 109(b) of title 17, United States Code, is amended by -- (1) amending paragraph (1) to read as follows: "(b)(1) Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit library or nonprofit educational institution."; and (2) amending paragraph (3) to read as follows: "(3) Any person who distributes a phonorecord or a copy of a computer program (including any tape, disk, or other medium embodying such program) in violation of clause (1) is an infringer of copyright under section 501 of this title and is subject to the remedies set forth in sections 502, 503, 504, 505, and 509. Such violations shall not be a criminal offense under section 506 or cause such person to be subject to the criminal penalties set forth in section 2319 of title 18."
nazgul@obsolete.UUCP (Kee Hinckley) (05/26/89)
"(3) Any person who distributes a phonorecord or a copy of a
computer program (including any tape, disk, or other medium embodying
^^^^^^^^^^^^^^^^^^^^^^
such program) in violation of clause (1) is an infringer of copyright
^^^^^^^^^^^^
But wait. My *toaster* probably embodies a computer program!
Home: obsolete!nazgul@bloom-beacon.mit.edu
Work: nazgul@apollo.com
BBS: obsolete!pro-angmar!nazgul@bloom-beacon.mit.edu
or
nazgul@pro-angmar.cts.com (somewhat slower though)
617/641-3722 (300/1200/2400)
-------rang@cpsin3.cps.msu.edu (Anton Rang) (05/26/89)
In article <memo.131326@lynx.northeastern.edu> davidbrierley@lynx.northeastern.edu writes: >Here is what the S.198 says: [ ... ] >the musical works embodied therein, neither the owner of a particular copy >of a computer program (including any tape, disk, or other medium >embodying such program), may, for the purposes of direct or indirect ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ >commercial advantage, dispose of, or authorize the disposal of, the ^^^^^^^^^^^^^^^^^^^^ >possession of that phonorecord or computer program (including any tape, >disk, or other medium embodying such program) by rental, lease, or >lending. If I'm interpreting this correctly, this means that non-profit groups (i.e. libraries, user groups, etc.) can still loan out programs. Just businesses can't. Maybe this will kill the rampant piracy in the IBM world based on the mail-order places where you pay $5 to get a Lotus/Word/??? disk for a week.... +---------------------------+------------------------+ | Anton Rang (grad student) | "VMS Forever!" | | Michigan State University | rang@cpswh.cps.msu.edu | +---------------------------+------------------------+
gwyn@smoke.BRL.MIL (Doug Gwyn) (05/28/89)
In article <8905261424.AA22018@obsolete.UUCP> nazgul@obsolete.UUCP (Kee Hinckley) writes: >But wait. My *toaster* probably embodies a computer program! So, if you distribute a copy of the program in your toaster, you're violating the Copyright on that program. What's the problem?
nazgul@obsolete.UUCP (Kee Hinckley) (05/28/89)
> In article <8905261424.AA22018@obsolete.UUCP> nazgul@obsolete.UUCP (Kee Hinckley) writes: > >But wait. My *toaster* probably embodies a computer program! > > So, if you distribute a copy of the program in your toaster, you're > violating the Copyright on that program. What's the problem? No, the bill doesn't say that you can't *copy* the program. It says that you can't rent/lease/lend for profit *any* copy of the program, including the original. ...the owner of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending. Admittedly no one is likely to come after me for renting toasters, but this does make it illegal, and I have trouble conceiving of a way to phrase it that takes into account future media, yet doesn't make it illegal to do things they didn't intend. The problem is what they really mean is "you can't lend/lease/rent anything it's easy for someone to copy". But the definition of "easy" changes over time. -kee Home: obsolete!nazgul@bloom-beacon.mit.edu Work: nazgul@apollo.com BBS: obsolete!pro-angmar!nazgul@bloom-beacon.mit.edu or nazgul@pro-angmar.cts.com (somewhat slower though) 617/641-3722 (300/1200/2400) -------
SEWALL@UCONNVM.BITNET (Murph Sewall) (05/29/89)
>>But wait. My *toaster* probably embodies a computer program! > >So, if you distribute a copy of the program in your toaster, you're >violating the Copyright on that program. What's the problem? Under the law, you'd be able to give away the toaster when it becomes obsolete, but if you sell it at a yard sale, you've commited a felony :-( Murph Sewall Vaporware? ---> [Gary Larson returns 1/1/90] Prof. of Marketing Sewall@UConnVM.BITNET Business School sewall%uconnvm.bitnet@mitvma.mit.edu [INTERNET] U of Connecticut {psuvax1 or mcvax }!UCONNVM.BITNET!SEWALL [UUCP] (203) 486-5246 [FAX] (203) 486-2489 [PHONE] 41 49N 72 15W [ICBM] -+- I don't speak for my employer, though I frequently wish that I could (subject to change without notice; void where prohibited)
paul@athertn.Atherton.COM (Paul Sander) (05/30/89)
In article <10335@smoke.BRL.MIL>, gwyn@smoke.BRL.MIL (Doug Gwyn) writes: > In article <8905261424.AA22018@obsolete.UUCP> nazgul@obsolete.UUCP (Kee Hinckley) writes: > >But wait. My *toaster* probably embodies a computer program! > > So, if you distribute a copy of the program in your toaster, you're > violating the Copyright on that program. What's the problem? No, if you *loan* your toaster to a friend who may *buy* it from you, you are in violation of the Copyright on that program. Remember, the bill states that programs can't be distributed in *any* medium, including toasters. -- Paul Sander (408) 734-9822 | Do YOU get nervous when a paul@Atherton.COM | sys{op,adm,prg,engr} says {decwrl,sun,pyramid}!athertn!paul | "oops..." ?