Definition[]
Under the essential step defense, a software user who is the “owner of a copy” of a copyrighted computer program does not infringe by making a copy of the program if the new copy is
| “ | created as an essential step in the utilization of the computer program in conjunction with a machine and . . . is used in no other manner.[1] | ” |
This defense can be applied for activities ranging from making a security backup of a program, to performing necessary maintenance and updates to ensure the continued functionality of a program for its intended purpose. While a multitude of copies and modifications may be privileged under this defense, the crucial factor is generally whether the potential defendant is an owner or mere licensee of a program.
References[]
- ↑ 17 U.S.C. §117(a)(1).