🚀 go-pugleaf

In article <7664@lee.SEAS.UCLA.EDU>, linley@boole.seas.ucla.edu (Bruce 
Linley) writes:

> Another thought to ponder... copyright laws do allow some things (like
> articles, etc.) to be FREELY copied if it's for educational use (i.e. pro-
> fessor copies article for class notes). Software is protected under
> copyright
> law (not patent). If I make a copy of MS Word to write that term paper, am I
> breaking the law? Seems ill defined to me.

It's not that simplistic.  The "is it for educational use" question is only 
one of the four questions considered in determining "fair use" under 
copyright.  The four factors, taken from 17 USC 107, are:

1) Is the use educational in nature?  If so, then this factor favors fair 
use.  If not, it favors  a finding of infringement;

2) What is the nature of the copyrighted work?  If factual in nature, then 
this factor favors fair use; if entertainment, then it favors a finding of 
infringement;

3) What is the amount and substantiality of the portion used, in relation to 
the copyrighted work as a whole?  If only a small percentage of the work is 
used, then this factor favors fair use; if a large percentage is used, it 
favors  a finding of infringement.

4) The effect of the use on the potential market for or the value of the 
work.  If the market or value is not significantly reduced, this factor 
favors fair use; if the market or value is significantly reduced, it favors a 
finding of infringement.  This factor has been characterized by the US 
Supreme Court as the most important of the four factors.

In your example, factor #1 favors fair use, but factors 3&4 favor 
infringement.  Factor 2 seems tough to apply to software, and I'm not aware 
of how it is applied, if it is.

Terry Carroll
"Then they came upon The Thing."