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Article #73281

Fair Use of Software

#73281
From: corder
Date: Thu, 10 Oct 1991 22:13
49 lines
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I am beginning to do research for my master's thesis on the fair use of computer
programs for educational purposes.  Fair use means that certain portions of copy-
righted works can be used and/or reproduced for certain purposes including criticism,
reporting, teaching, scholarship and research without notifying the author.  Tests of
whether a use of copyrighted material is a fair use include:

	1.the purpose and character of the use, including whether such use is of a 
	  commercial nature or is for nonprofit educational purposes;
	
	2.the nature of the coyrighted work;

	3.the amount and substantiality of the portion used in relation to the copyrighted
	  work as a whole; and

	4.the effect of the use upon the potential market for or value of the copyrighted work.
	                         (quoted form section 107 of Title 17 - the U.S. Copyright Act)

Examples of fair use in other copyrighted material include:
	Photocopying an entire poem of 20 lines or less
	Photocopying one chapter or 10% of a literary work
	Audiorecording a few seconds of a song to demonstrate a musical or orchestration style

While fair use is often made of other types of copyrighted work, I am not aware of such use being
made of computer programs.  I suspect that trade secret and the move toward stronger legal protection
including multiple protection schemes for software have scared educators off from making fair use
of software.
I invite reader comments as to:

	1.whether fair use is currently being made of copyrighted computer programs for educational purposes

	2.whether the teaching of computer science might be enhanced if people felt free to use portions of 
	  copyrighted software in the classroom without the author's permission

	3.suggested uses of portions of (not whole) programs for education.

	4.whether executable or written source code would be a more useful teaching tool

	5.whether anyone has ever requested copies, or permission to copy, written source code from the author
	  for teaching and what was the response

	6.whether anyone is aware of similar research that has been or is being conducted

Interested readers may respond to corder@ted.cs.uidaho.edu or write to the following address:
	
		Linda Corder
		University of Idaho	
		Computer Science Department
		Moscow, ID  83843
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From: corder@jed.cs.uidaho.edu
Newsgroups: gnu.misc.discuss
Subject: Fair Use of Software
Message-ID: <1991Oct10.221305.21935@groucho>
Date: 10 Oct 91 22:13:05 GMT
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