In 1993, a company called MAI Systems sued Peak Computer, a computer repair firm, for copyright infringement. Peak’s technicians had turned on MAI clients’ computers to diagnose them, which loaded MAI’s proprietary operating system into RAM. MAI argued that loading its software into memory—even briefly, even just to make sure the computer was working, even though there was no way to start the computer without loading the software—constituted an unauthorized copy. Because the Peak technician was not licensed to use that software, MAI said, Peak had committed copyright infringement.
They won.
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