On Friday 02 July 2010 13:45:45 Saswata Banerjee & Associates wrote: > On 02-Jul-2010, at 10:22 AM, Kenneth Gonsalves wrote: > > On Thursday 01 July 2010 18:45:28 Saswata Banerjee & Associates wrote: > >>> no - according to Indian law, one has to explicitly throw the > >>> work into public domain. At present he has the copyright to > >>> the application, and since he has not licensed it and given > >>> permission for people to download, use and modify it, anyone > >>> doing so is breaking the law. > >> > >> Nopes, since he has put the details of it on a public mailing > >> list that is searchable on google, etc, he has implicitly given > >> permission to download and use it, not ofcourse to modify it. He > >> still owns the copyright to the code. > > > > the prosecution would argue that he has only asked people to > > preview/comment on the app and the permission to download was > > only for this limited purpose. > > I think you stated that he has the copyright. > That means he owns the code and you can not modify or copy / > distribute it. It does not mean that you can not use the software > (not just code) after he has allowed a download. It would amount to > saying you can not read the book he has given to you as the > copyright is his. > > In any case, no court in India will accept the statement saying > they were asked to preview and not to use. Specially not in the > light of the contents of the mail he had sent and the fact that he > sent it to ILUG
Afaik preview means that you have to destroy ALL copies you have either within the specified period or whenever the C owner demands. So although you can use as a whole, you cant use parts outside his application and you cant use it as a whole once he asks you to stop. -- Rgds JTD -- http://mm.glug-bom.org/mailman/listinfo/linuxers
