Russ Allbery <[EMAIL PROTECTED]> wrote:
>Dave Sill <[EMAIL PROTECTED]> writes:
>
>> IANAL, but according to Section 117, Limitations on exclusive rights:
>> Computer programs, you *can* make derivative works for your own use:
>
>> Notwithstanding the provisions of section 106, it is not an
>> infringement for the owner of a copy of a computer program to make
>> or authorize the making of another copy or adaptation of that
>> computer program provided:
>
>> (1) that such a new copy or adaptation is created as an essential
>> step in the utilization of the computer program in conjunction
>> with a machine and that it is used in no other manner, or
>
>Making a derivative work is not an essential step in the utilization of a
>computer program.
I repeat: IANAL. But "essential" means "necessary", so one should be
able to make any necessary modifications. Frivilous modifications
would be prohibited. By any reasonable interpretation, a "big DNS"
patch is "essential" to making qmail work under certain conditions.
>That clause is covering making an in-memory copy of a
>program so as to be able to execute it.
That's your interpretation--and it may even reflect the rationale
behind the provision, but the law itself makes no mention of in-memory
copies.
>"Essential step" says pretty
>clearly, to me at least, that if you don't have to do it in order to use
>the computer program in the manner it was intended to be used, you don't
>have a right to do it.
The law also says nothing about the intended use of the program.
-Dave
