To use your metaphor, no one is asking you to make a copy of your book.
I am asking if you will loan me your book for the original legitimate
and legal purpose. 

You are all reading into the request things that were not asked, for
purposes of the discussion.  I was looking for an original installation
disk. Not a copy. One that was sold for the purpose of installing one
licensed copy on each machine for which a license was purchased. They
provided one installation disk without limit to the number of copies to
be installed, so long as each copy installed was covered by a license.
That is what we wanted to do. They are not able to replace the lost or
damaged disk since the version in use is no longer supported. So we are
trying to do locate one online. No one is trying to make a copy of
licensed software. Or install unpurchased copies. 

Never mind. It is not worth the continuing arguments this is generating.
Thanks anyway. 

By the way, in the same vein, be sure not to use anything but the very
install disks you got with your individual copy of your server software
to do reinstall. That would also be copyright infringement according to
all the people that have just said so. And no network installs. 

-----Original Message-----
From: Ben Scott [mailto:mailvor...@gmail.com] 
Sent: Friday, October 29, 2010 3:54 PM
To: NT System Admin Issues
Subject: Re: Flowchart PDQ version 1.1 - Need setup disk

On Fri, Oct 29, 2010 at 11:44 AM, Steve Kelsay <kels...@sctax.org>
wrote:
> I see no copyright infringement if I
> use a legitimate original copy of a setup media to install a licensed
> copy of the software.

  One thing everyone should understand: What you or I think *should*
be the way things work doesn't matter.  I'm describing the law -- the
reality of the situation.

  Copyright law doesn't care that you had a license for your copy.  If
you and I both buy a copy of the same book, and you loose your copy, I
don't have the right to make a copy for you.  The same applies to
software or anything else protected under copyright law.

  If the license I have specifically grants me the right to make
copies for other people who also have a license to use the software,
that would be okay, but I've never heard of such a thing for payware,
and I would be quite astonished to learn of it.  Making copies for
others is usually explicitly forbidden, in very strong language.

  There is a copyright concept called "fair use".  For example, making
a backup copy for yourself is considered fair use.  Ripping a CD to
MP3 for use on your own MP3 player is considered fair use.  I suppose
you could argue me making a copy for you is "fair use", but I'd be
surprised if a court accepted that, especially in the current legal
climate.  That said, I'm haven't done a case law search.

  If people here don't like this, I suggest you write your
congressional representatives and ask them to consider the rights of
consumers as well as copyright holders.  I wouldn't hold out much hope
for that, though; the copyright cartels (RIAA, BSA, etc.) practically
own congress.

  Disclaimer: I am not a lawyer, but I expect I have studied copyright
law more than most laymen.

-- Ben

~ Finally, powerful endpoint security that ISN'T a resource hog! ~
~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/>  ~

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