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497 F. Supp. 2d 627; 2007 U.S. Dist. LEXIS 52544.
Digital Millennium Copyright Act, Pub. L. 105-304, Oct. 28, 1998, 112 Stat. 2860 . . http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ304.105.pdf.
Computer Fraud and Abuse Act of 1986,Pub. L. 99-474, Oct. 16, 1986, 100 Stat. 1213 . . http://www.usdoj.gov/criminal/cybercrime/1030_new.html.
曾文革，陈静熔. 知识产权法学﹝M﹞. 重庆：重庆大学出版社，2002，72-73.
Office of the Law Revision Counsel. Exclusive rights in copyrighted works. 17 U.S.C.§106 . (2006-01-02). http://uscode.house.gov/download/pls/17C1.txt
Office of the Law Revision Counsel.Limitations on exclusive rights: Fair use. 17 U.S.C.§. 107. (2006-01-02). http://uscode.house.gov/download/pls/17C1.txt.
—同上注.
“Because the ultimate goal of copyright law is to increase our fund of information, the fair use privilege is more extensive for works of information.”—同注.
“No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” Office of the Law Revision Counsel. Circumvention of copyright protection systems. 17 U.S.C. § 1201(a)(1)(A) .(2006-01-02). http://uscode.house.gov/download/pls/17C12.txt.
"o ''circumvent a technological measure'' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner. 17 U.S.C. § 1201(a)(3)(A). —同上注.
“This finding should not be interpreted as a finding that a robots.txt file universally qualifies as a technological measure that controls access to copyrighted works under the DMCA”. —同注.
Circumvent, imply that a person circumvents a technological measure only when he affirmatively performs an action that disables or voids the measure that was installed to prevent them from accessing the copyrighted material. —同注.
Office of the Law Revision Counsel. (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 U.S.C. § 102 (1976). . (2006-01-02). http://uscode.house.gov/download/pls/17C1.txt.
A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. 17 U.S.C. § 101 (1976). . (2006-01-02). http://uscode.house.gov/download/pls/17C1.txt.
Since we find that the copy created in the RAM can be "perceived, reproduced, or otherwise communicated," we hold that the loading of software into the RAM creates a copy under the Copyright Act. 17 U.S.C. §101. MAI Sys. Corp. v. Peak Computer Inc., 991 F.2d 511, 519 (9th Cir. 1993).
“(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; ”17 U.S.C. § 106 (1976) (2006-01-02). http://uscode.house.gov/download/pls/17C1.txt.
copying" for purposes of copyright law occurs when a computer program is transferred from a permanent storage device to a computer''s RAM. This conclusion is consistent with its finding, in granting the preliminary injunction, that: "the loading of copyrighted computer software from a storage medium (hard disk, floppy disk, or read only memory) into the memory of a central processing unit ("CPU) causes a copy to be made. In the absence of ownership of the copyright or express permission by license, such acts constitute copyright infringement." at 518, —同注.
"For all online works other than computer programs and databases, the registration will extend only to the copyrightable content of the work as received in the Copyright Office and identified as the subject of the claim." U.S. COPYRIGHT OFFICE. Copyright Registration for Online Works: U.S. COPYRIGHT OFFICE CIRCULAR 66. (Revised July 2006). http://www.copyright.gov/circs/circ66.html.
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