> David Johnson wrote: > >> In the case of the GPL, and most other OSS licenses, I >>can >> completely ignore the license, place a full page ad >in the NYT >> saying "I Disagree", get an official judicial >decree that I have >> not agreed, and STILL be able to use >the software under the >> terms of copyright law. >> Noel Humphreys responded: > > David, you're saying that, fundamentally, open-source licensing > simply doesn't work under US law.
John Cowan responded: >Not at all. Note the term "use the software"; copyright law doesn't limit uses >(except for DCMA). Developers think of "using software", especially libraries, as >incorporating it into their own works, but that is not the kind of "use" meant here. If "use" means "operate a single copy of the code for David's own private, in-home purposes", then OK. However, that's not consistent with the import of the words "completely ignore the license." Copyright doesn't limit the operation of a machine by means of the copyrighted instructions, but, without regard to the DMCA, copyright law does limit unnecessary or extra copying, public performance and derivative works, all of which could be thought of as "use." -----Original Message----- From: John Cowan [mailto:[EMAIL PROTECTED]] Sent: Friday, November 16, 2001 2:47 PM To: Humphreys, Noel Cc: 'David Johnson'; [EMAIL PROTECTED] Subject: Re: OSD compliant shareware Humphreys, Noel wrote: > David Johnson wrote: > >> In the case of the GPL, and most other OSS licenses, I >>can >> completely ignore the license, place a full page ad >in the NYT >> saying "I Disagree", get an official judicial >decree that I have >> not agreed, and STILL be able to use >the software under the >> terms of copyright law. >> > > David, you're saying that, fundamentally, open-source licensing > simply doesn't work under US law. Not at all. Note the term "use the software"; copyright law doesn't limit uses (except for DCMA). Developers think of "using software", especially libraries, as incorporating it into their own works, but that is not the kind of "use" meant here. -- Not to perambulate || John Cowan <[EMAIL PROTECTED]> the corridors || http://www.reutershealth.com during the hours of repose || http://www.ccil.org/~cowan in the boots of ascension. \\ Sign in Austrian ski-resort hotel The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
