Fandom

The IT Law Wiki

Essential step defense

32,198pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Definition Edit

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 Edit

  1. 17 U.S.C. §117(a)(1).

Also on Fandom

Random Wiki