Charging the net...

[Brian Thomson]

In article <4RuD24w164w at mantis.co.uk> mathew at mantis.co.uk (mathew) writes:
><1991May2.180616.26542 at eci386.uucp> woods at eci386.uucp (Greg A. Woods) writes:
>>W.r.t. computer programmes in particular, Section 27 "Infringement of
>>Copyright" of the Copyright Act by which I am governed (and Brad too)
>>reads:
>>   2.  Acts not constituting infringement of Copyright.
>>   ....
>>   (l) the making by a person who owns a copy of a computer
>                        ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>   programme, which copy is authorized by the owner of the
>    ^^^^^^^^^  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>   copyright, of a single reproduction of the copy by adapting,
>    ^^^^^^^^^
>>   modifying, or converting the computer programme or translating
>>   it into another computer language if the person proves that:
>>      (i) the reproduction is essential for the
>>      compatibility of the computer programme with a
>>      particular computer,
>>      (ii) the reproduction is solely for the person's own
>>      use, and
>>      (iii) the reproduction is destroyed forthwith when the
>>      person ceases to be the owner of the copy of the
>>      computer programme; [R.S., c. 10 (4th Supp.), s. 5.]
>
>
>However, I have severe doubts whether he can claim that the copy he owns "is
>authorized by the owner of the copyright" -- especially when the program
>explicitly states that it may not be kept beyond the trial period and when he
>has kept it beyond that time; in other words, when the program explicitly
>states that his ownership of the copy is NOT authorized by the copyright
>owner.  (That is, he must agree to certain conditions before the copyright
>owner will authorize his owning the copy.)
>

I think you have misread the statute.
It does not require that "ownership of the copy" be authorized, but that
the copy be authorized.
That is, the copy must have been created with the consent of the copyright
holder.
Once it is created, the copyright holder has no special rights to dictate
who may or may not own the copy.
Copyright does not give the holder control over who owns the copies, just
over their creation.
-- 
		    Brian Thomson,	    CSRI Univ. of Toronto
		    utcsri!uthub!thomson, thomson at hub.toronto.edu