Direct Infringement Claim
The district court held that Quaid's copying of the software into RAM was permissible under 17 U.S.C. § 117(1), which permits copies "created as an essential step." Vault argued that the §117(1) exemption does not apply when the program is used in a manner not intended by the copyright holder. The circuit court disagreed with this argument, writing that the statute does not contain "language to suggest that the copy it permits must be employed for a use intended by the copyright owner."
Read more about this topic: Vault Corp. V. Quaid Software Ltd.
Famous quotes containing the words direct, infringement and/or claim:
“Computer mediation seems to bathe action in a more conditional light: perhaps it happened; perhaps it didn’t. Without the layered richness of direct sensory engagement, the symbolic medium seems thin, flat, and fragile.”
—Shoshana Zuboff (b. 1951)
“The life of a good man will hardly improve us more than the life of a freebooter, for the inevitable laws appear as plainly in the infringement as in the observance, and our lives are sustained by a nearly equal expense of virtue of some kind. The decaying tree, while yet it lives, demands sun, wind, and rain no less than the green one. It secretes sap and performs the functions of health. If we choose, we may study the alburnum only. The gnarled stump has as tender a bud as the sapling.”
—Henry David Thoreau (1817–1862)
“The revolutionary spirit is mighty convenient in this, that it frees one from all scruples as regards ideas. Its hard absolute optimism is repulsive to my mind by the menace of fanaticism and intolerance it contains. No doubt one should smile at these things; but, imperfect Esthete, I am no better Philosopher. All claim to special righteousness awakens in me that scorn and anger from which a philosophical mind should be free.”
—Joseph Conrad (1857–1924)