You Own Devices Act - Amends federal copyright law to allow the owner of a machine or other product operated in any part by a computer program to transfer an authorized copy of the computer program, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or product to another person. Prohibits such right to transfer the computer program from being waived by any agreement.
Requires any right to receive modifications to such a computer program relating to security or error correction that applied to the owner of the machine or product to apply to the person to whom the machine or product and the copy of the computer program are transferred.
Prohibits this Act from being construed to permit the owner to retain an unauthorized copy of the computer program after such a transfer.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5586 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5586
To amend title 17, United States Code, to provide that the first sale
doctrine applies to any computer program that enables a machine or
other product to operate.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Mr. Farenthold introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To amend title 17, United States Code, to provide that the first sale
doctrine applies to any computer program that enables a machine or
other product to operate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``You Own Devices Act''.
SEC. 2. FIRST SALE DOCTRINE AND CERTAIN COMPUTER PROGRAMS.
(a) In General.--Section 109 of title 17, United States Code, is
amended by adding at the end the following:
``(f) Transfer of Certain Computer Programs.--
``(1) In general.--Notwithstanding section 106 or section
117, if a computer program enables any part of a machine or
other product to operate, the owner of the machine or other
product is entitled to transfer an authorized copy of the
computer program, or the right to obtain such copy, when the
owner sells, leases, or otherwise transfers the machine or
other product to another person. The right to transfer provided
under this subsection may not be waived by any agreement.
``(2) Security and error correction.--Any right to receive
modifications to the computer program described in paragraph
(1) relating in whole or in part to security or error
correction that applied to the owner of the machine or other
product described in paragraph (1) shall apply to the person to
whom the machine or product and the copy of the computer
program are transferred.
``(3) Treatment of unauthorized copies.--Nothing in this
subsection should be construed as permitting the owner of a
machine or other product to retain an unauthorized copy of the
computer program described in paragraph (1) after transferring
the machine or other product and the copy of the computer
program to another person.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
transfers of computer programs occurring on or after such date.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
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