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second copy was kept off site as a second backup to the on-site
copy in the event of a disaster.8
Petitioner typically entered into a maintenance and support
agreement with the vendor (usually for an additional periodic
fee) in conjunction with the purchase of mainframe or
minicomputer software whereby the vendor agreed to correct errors
in the computer program and to provide updated versions of the
software as they became available. If a copy of software had
been lost or destroyed (and a backup had not been made), a
replacement copy would have been provided to petitioner by the
vendor without charge.
Petitioner was entitled to only one running version of each
copy of software purchased. Thus, if petitioner desired to load
a copy of software onto a second computer (which it did),
additional copies had to be purchased (sometimes at reduced
rates) or a multiple-machine license was required.
8 The installation process was essentially the same for
minicomputer software. A computer program would be received on
magnetic tape, loaded onto the minicomputer, and tested for
errors before being put into service. Additionally, both on-site
and off-site backup copies were maintained. Computer programs
for personal computers (PCs) were received on small diskettes
(floppy disks) and loaded onto the PC's hard disk drive. Because
PC software is significantly cheaper and easier to replace,
petitioner did not make backup copies of PC software for off-site
storage.
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Last modified: May 25, 2011