TITLE III of the Digital Millennium Copyright Act provides that owners and lessees of computers may authorize an independent service provider to activate the computer for the sole purpose of servicing its hardware components without incurring liability for copyright infringement of the computer’s operating system (overturning, in effect, the holding in MAI Systems Corp. v. Peak Computer, 991 F.2d 511 (1993)).

In light of this statutory development, owners and lessees of computers should consider including the following clause in their repair and maintenance contracts with third parties:

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