Journal Home Browse Issues Submissions About the Journal Symposium Subscribe Go back to Issues FAIR USE OF SOFTWARE NECESSARY TO REPAIR, MAINTAIN, OR DISAGNOSE A DEVICE OR SYSTEM 72 J. COPYRIGHT SOC'Y 157 (2025) David R. Metzger Dentons Abstract Read Full Article Fair use analyses of software needed for the diagnosis, maintenance, or repair of software-based devices or systems has often focused on whether the use is transformative use, and not whether the use is fair use because the use essentially is only for obtaining uncopyrightable data, information or ideas. This article raises a more appropriate analysis which does not require the creation of a derivative work or modification of the software which is typically required for a finding of fair use. Metzger 72(1)Download