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:
“Irony, forsooth! Guard yourself, Engineer, from the sort of irony that thrives up here; guard yourself altogether from taking on their mental attitude! Where irony is not a direct and classic device of oratory, not for a moment equivocal to a healthy mind, it makes for depravity, it becomes a drawback to civilization, an unclean traffic with the forces of reaction, vice and materialism.”
—Thomas Mann (1875–1955)
“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)
“Some day I’ll claim to you how all used up
I am because of you but in the meantime the ride
Continues. Everyone is along for the ride,
It seems. Besides, what else is there?”
—John Ashbery (b. 1927)