Modifications
copyright 1997 Donald M. Cameron , Aird & Berlis
Contents
Modifications by Licensee
If a licensee wants to be able to modify the computer program, then it must have both access to the source code version of it and permission to make modifications.
Modifications are usually done to customize the software to meet the particular licensee's needs, to correct "bugs" or flaws in the original program or to adapt the software to inter-operate with another program.
The modification of the source code necessarily implies that it would be called into RAM and then copied back down onto a hard drive. Without permission to do so, such copying would constitute copyright infringement.
In the United States, permission from the copyright owner would be needed in order to make a "derivative work" (a work based upon a pre-existing work).
One business disadvantage for a licensor to allow its licensees to modify the source code is that it will result in different functionality amongst different licensees. Program problems amongst licensees may be due to changes made by the licensees rather than problems inherent in the original software. Maintenance and support will have to be provided for programs having different functionality — in essence the licensor is now maintaining many forms of the software rather than one commercial unit.
On the other hand, allowing licensees to develop improvements to the software can be a potential benefit to both the licensor and the other licensees. If the licensees are agreeable, they could assign the copyright in the improvements to the licensor who in turn could licence the improvements back to all licensees.
Modifications by Licensor
The licensee may require custom modifications to the existing software for its specific needs. The licensor would agree to make the modifications to the software and licence them to the licensee, for a fixed fee or for a fee based on programming time.
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