The Federal Circuit departed from this traditional property analysis in the case of the ownership of copies of computer programs. It ruled that the terms of the license agreement under which the user obtained rights to use the copyright trumped the indicia of ownership when it comes to deciding who owned copies of the programs.
If there is a written license agreement governing the transaction that purports to give the recipient of the copy something less than full ownership interests in the copy, the court will not recognize the recipient of the copy as the owner. This holds even if the other indicia of the transaction establish that the recipient bought the copy subject to the copyright.
The fact that the copy may have been acquired with all of the objective characteristics of ownership notwithstanding, if the agreement gives the owner something less than full ownership, he is not an owner. In the case before the court, that meant that the possessor of the copy did not have the protections of section 117.
La copie appartient a l'auteur, et a personne d'autre, du moins c'est le cas aux USA.
[^] # Re: Ce qui est rassurant....
Posté par pasBill pasGates . En réponse à la dépêche Interview de Steve Ballmer. Évalué à 1.
Notamment :
The Federal Circuit departed from this traditional property analysis in the case of the ownership of copies of computer programs. It ruled that the terms of the license agreement under which the user obtained rights to use the copyright trumped the indicia of ownership when it comes to deciding who owned copies of the programs.
If there is a written license agreement governing the transaction that purports to give the recipient of the copy something less than full ownership interests in the copy, the court will not recognize the recipient of the copy as the owner. This holds even if the other indicia of the transaction establish that the recipient bought the copy subject to the copyright.
The fact that the copy may have been acquired with all of the objective characteristics of ownership notwithstanding, if the agreement gives the owner something less than full ownership, he is not an owner. In the case before the court, that meant that the possessor of the copy did not have the protections of section 117.
La copie appartient a l'auteur, et a personne d'autre, du moins c'est le cas aux USA.