|“||created as an essential step in the utilization of the computer program in conjunction with a machine and . . . is used in no other manner.||”|
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.