Legal Question in Technology Law in Kansas
Rental Computers
After the purchase of a computer from a rental company, I was given a set of restore disks that were recorded on cds, not the originals. I asked about the ones that came with the computer, and was told that the computer companies record their own disks and put a fancy label on them, so it is ok for them to record the originals onto cds for their customers. Am I entitled to the original disks?
1 Answer from Attorneys
Copyright law
As a general matter, the U.S. Copyright law prevents businesses from making copies of software for a commercial purpose. However, people can make a back-up copy of software in case the original CD gets scratched. Personally, I have never had the need to make backups, but some people do.
Your question leads to several other questions. Are you renting a machine "as is" or are you renting a machine with certain software installed on it? To install the software, you will frequently need a serial number or registration code. If the company made a copy of a CD rom but did not obtain a new license number for you, then it won't have a serial number to activate the software -- if one is required.
Usually the person who has a cause of action for copyright violation is the copyright holder. However, you may have a right as a third-party beneficiary, but it depends on the terms of your lease and whether you obtained a favorable price for taking the computer "as is."
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