Open Source Licensing: Software Freedom and Intellectual Property Law

Exceptions to the Exclusive Right to Make Copies

There are two important exceptions under the law to the rule that the copyright owner has an exclusive right to make (or not make) copies of that work. These exceptions apply only to computer software and it reflects the unique nature of that technology.

First, everyone understands that software can be used on a computer only if it is copied onto a computer disk or into memory. Therefore, the authorized owner of a copy of software is given the right to make a copy of that software “as an essential step to the utilization” of the software “in conjunction with a machine.” (17 U.S.C. § 117.) Without this exception, anyone purchasing a software program at a computer store would require an additional ...