Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals

2010-12-21 Thread Hyman Rosen
On 12/21/2010 9:48 AM, Alexander Terekhov wrote: that breach of a condition not to use bots doesn't violate the copyright act. Why do you think that a copyleft condition not to restrict users downstream should be treated any differently? Because the court itself said so:

Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals

2010-12-21 Thread Alexander Terekhov
Hyman Rosen wrote: [...] suppose I simply provide a written offer regarding source code. You come to me for the source code with that offer. I [refuse]. How does that would violate the copyright act? It wouldn't. You would have correctly complied with the conditions for copying, and

Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals

2010-12-21 Thread Alexander Terekhov
Hyman Rosen wrote: [...] In the case of copyleft licenses, copiers who do not obey the terms of the license are still copying . . . . WoW gamers are also copying the game in order to play and even though the imbecile court ruled that such copying doesn't fall under 17 USC 117 (because the

Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals

2010-12-21 Thread Hyman Rosen
On 12/21/2010 10:02 AM, Alexander Terekhov wrote: But what does a condition to GIVE written offer has to do with rights spelled out in 17 USC 106 in the first place? Because they are conditions on how the work may be copied and distributed, and are therefore part of the exclusive right of the

Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals

2010-12-21 Thread Alexander Terekhov
Hyman Rosen wrote: [...] Sure. The defendants didn't do any copying, and the first A copy made under license also falls under 17 USC 109 if/when the licensor doesn't retain the title to the copy made. Feel free to make a single a copy of my work. This license has a scope limitation (only one