Limitations on exclusive rights: Computer programs
United States Code
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★Highly CitedTop 1% most-cited · cited by 111 decisions
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Most recently cited by10
- 2025Medical Imaging & Technology Alliance v. Library of Congress D.D.C.
- 2025MFIB LLC v. IBCA LLC D. Ariz.
- 2024Oracle International Corporation v. Rimini Street, Inc. 9th Cir.
- 2024WebPros International, LLC v. Asli D. Or.
- 2023Sas Institute, Inc. v. World Programming Limited Fed. Cir.
- 2022Philips North America LLC v. Global Medical Imaging, LLC N.D. Ill.
- 2022Automated Management Systems, Inc. v. Rappaport Hertz Cherson Rosenthal, P.C. S.D.N.Y.
- 20224dd Holdings, LLC v. United States Fed. Cl.
- 2021Healthestate, LLC v. United States Fed. Cl.
- 2020Universal Instruments Corp. v. Micro Systems Engineering, Inc. 2d Cir.
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that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner. such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine. the “maintenance” of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and the “repair” of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine. Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if— For purposes of this section— (Source: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2565; Pub. L. 96–517, § 10(b), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 105–304, title III, § 302, Oct. 28, 1998, 112 Stat. 2887.))