Re: GPL and other licences

2006-02-11 Thread David Kastrup
Alfred M\. Szmidt [EMAIL PROTECTED] writes: Alfred, can you please try and maintain proper attributions and follow quoting conventions? I'm already doing that. It depends on the license. The GPL gives an explicity right for this, some other licenses may not. If I'm in

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Fri, 10 Feb 2006 22:00:56 -0600, John Hasler [EMAIL PROTECTED] wrote: Isaac writes: 17 USC 117 is a limitation on the copyright holders rights that allows an owner of a copy of software to make copies necessary to install and run software without having any permission from the copyright

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] I believe that I could were a court to recognize that I owned the copy of software rather than having license it. Courts in the US don't seem to recognize such a thing. Other courts have reached the same conclusion: software is sold and not licensed.

Re: GPL and other licences

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [... license not a contract ...] Only if it's a license to do something regulated by government. Like a permit to run a public lottery or become a gun dealer. Such permits from state are neither contracts nor property rights. Moglen and RMS managed to bullshit you into

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Sat, 11 Feb 2006 16:10:17 +0100, Alexander Terekhov [EMAIL PROTECTED] wrote: Isaac wrote: [...] I believe that I could were a court to recognize that I owned the copy of software rather than having license it. Courts in the US don't seem to recognize such a thing. Other courts have

Re: GPL and other licences

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [... license not a contract ...] Only if it's a license to do something regulated by government. Like a permit to run a public lottery or become a gun dealer. Such permits from state are neither contracts nor property

Re: GPL and other licences

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [...] As you can see, you are wrong. Again. Too bad. The meaning of license you refer to above does not exhaust the legal meanings of that term. Those are meanings 12, but meaning 34 are also valid uses. Legal dictionaries are not legal authorities to begin with. And

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] While it's true that some courts have decided that, the majority position seems to be otherwise. I'm not sure which court decision that line is from, but I suspect we can find decisions from other district courts in CA contrary to this one. Regarding 17 USC 117, take also

Re: GPL and other licences

2006-02-11 Thread Graham Murray
Stefaan A Eeckels [EMAIL PROTECTED] writes: You got it wrong. By giving you his property (the lawful copy of the software) for the purposes of your job, you have not lawfully acquired (become owner) of a copy, and hence you have no rights. The fact that you have access to the copy (you hold

Re: GPL and other licences

2006-02-11 Thread David Kastrup
Graham Murray [EMAIL PROTECTED] writes: Why do you have to be the 'owner' of the copy? Consider, for a moment, a different scenario. You borrow from a library a book containing a work which has passed into the public domain. Although you have not become the 'owner' of the work, you are

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: Alexander Terekhov [EMAIL PROTECTED] writes: As for installing on multiple computers, I think that it's totally OK. For example, I can install it on a computer at my home and on another computer at my dacha. The key is

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Nope. It gives you additional rights depending on conditions. You can accept the conditions and make use of the rights, or you can leave it be. No contract. There is no obligation to accept the conditions.

Re: GPL and other licences

2006-02-11 Thread Alfred M\. Szmidt
Because the employeer gave me explicit access to the CD. See the above sentence. No, he instructed you, as his agent, to do things with the CD. You are not accessing that CD as AMS, but as the agent of your principal. You, as AMS, do not derive any rights from this action. ...

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [...] Nope. It gives you additional rights depending on conditions. You can accept the conditions and make use of the rights, or you can leave it be. No contract. There is no obligation to accept the conditions. ^^^ Your ignorance works against you,

Re: GPL and other licences

2006-02-11 Thread Alfred M\. Szmidt
Stefaan A Eeckels [EMAIL PROTECTED] writes: You got it wrong. By giving you his property (the lawful copy of the software) for the purposes of your job, you have not lawfully acquired (become owner) of a copy, and hence you have no rights. The fact that you have access to the

Re: GPL and other licences

2006-02-11 Thread Alfred M\. Szmidt
Well, this is where you got it wrong - it's called IP (Intellectual Property) because it is a form of property. Whenever you produce a work of authorship (and software is considered a work of authorship like a novel or a poem) you, the author, are the owner of that work. In the

Re: GPL and other licences

2006-02-11 Thread Alfred M\. Szmidt
Because the employeer gave me explicit access to the CD. See the above sentence. If I am giving cleaning personnel access to my rooms, that does not mean that they are free to read my letters and listen to my music collection. Access is not ownership. You don't get when

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are talking about distribution of unauthorized copies. The act of distribution doesn't turn authorized copies into

Re: GPL and other licences

2006-02-11 Thread David Kastrup
Alfred M\. Szmidt [EMAIL PROTECTED] writes: The content does not magically jump off the copy. Accessing the content of the copy is the sole right of the copy's owner. And since I can leaglly access the content, the GPL jumps into play. Your access is limited to what the owner of the

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are talking about distribution of unauthorized copies. The act of distribution

Re: Intellectual Property II

2006-02-11 Thread Isaac
On Sat, 11 Feb 2006 23:03:02 +0100, David Kastrup [EMAIL PROTECTED] wrote: Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] What breach? Distribution of authorized copies fall under first sale. Sure, but there has been no unconditional authorization. So we are

Re: Intellectual Property II

2006-02-11 Thread Alexander Terekhov
Isaac wrote: [...] It's not a mistake. Preaching the gospel of first sale according to Alexander appears to be a life mission. http://groups.google.com/group/gnu.misc.discuss/msg/e123816845315e68 quote authors=Jeffrey Siegal, Isaac What about the first sale doctrine? Indeed, if users own

Re: Intellectual Property II

2006-02-11 Thread David Kastrup
Alexander Terekhov [EMAIL PROTECTED] writes: David Kastrup wrote: [...] Conditional authorization does not magically turn into unconditional authorization. A promise on my part to forbear from distribution right under first sale and instead do what you decree is a covenant, not a

Re: GPL and other licences

2006-02-11 Thread Graham Murray
David Kastrup [EMAIL PROTECTED] writes: What about licensee don't you understand? The part which (you claim) states that only the owner of the physical media on which the copy is 'fixed' can become a licensee. I can see nothing in the GPL which states that. On contrary the preamble states that

Re: GPL and other licences

2006-02-11 Thread David Kastrup
Graham Murray [EMAIL PROTECTED] writes: David Kastrup [EMAIL PROTECTED] writes: What about licensee don't you understand? The part which (you claim) states that only the owner of the physical media on which the copy is 'fixed' can become a licensee. Well, that is common law. You are only