body: Suppose entity X offers some software (maybe for free, maybe for a price) bundled with some terms of service. Suppose person Y (after paying any relevant price) installs the software following X's instructions. Suppose Y then breaches the terms of service. Has Y then infringed copyright (assuming it is not considered fair use)?
  
  
  [This answer](https://law.stackexchange.com/a/25830) presents the following argument:
  
  
  * Installing the software constituted making a copy of it.
  * This copy was only authorized by X on the condition that Y complies with the terms of service.
  * This condition was not met, so the copy was not authorized, so it infringed copyright.
  
  
  This surprised me since I imagined (maybe incorrectly, IANAL) copyright infringement to be a more serious issue than ToS violation. [This article](https://www.lexology.com/library/detail.aspx?g=e4b1226a-b6b4-4915-8897-a8e474060481) also seems to contradict the above:
  
  
  
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  > However, if a company violates a license by, for example, failing to purchase additional licenses through the publisher, instead of through an otherwise authorized reseller, then the violation could form the basis of a breach-of-contract claim, but not a copyright claim – none of the exclusive rights would be affected by failure to follow specified payment or transaction terms.
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title: Is breaching ToS of installed software automatically a copyright infringement?