Law Offices Of Michael G. O'Neill |
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| Like A Book Or Like A Tool? | |
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Computer software is not really like a book at all, or like anything else that
is traditionally copyrighted, such as music or plays or movies. Software is
given copyrighted protection because courts have reasoned that it is an
original expression of some information or idea. Fair enough. One aspect that
I have never seen discussed in this context, however, is that the all those
things that have traditionally been given copyright protection involve
expressions intended for humans. A book is read by people, a painting is seen
by people, a song is heard by humans.
Now, legally, this doesn't amount to a hill of beans. But maybe it should. Why is existing copyright law twisted and contorted to cover software? Later, I will propose that new laws addressing the specific issus of software should be enacted, balancing the rights of those who create software and those who use it. But now let's get back to discussing the problems that are caused by the current combination of copyright and licensing laws to software. Remember that a license is the right to use something. When you "buy" licensed software, you buy the physical manifestations of the product, i.e., the disk that contains the program and any manuals that come with it. So what are you licensing? You are licensing the right to use the software itself. What does this mean? What this means is that when you bought the licensed software, you entered into some form of agreement with the seller to use the software in only certain manners and under certain conditions. Hey wait a second, I bought the software, didn't I? Why can't I use it any old way that I want to? Next |