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:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
