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Re: "GPL requirement could have a chilling effect onderivativedistros"
From: |
Alexander Terekhov |
Subject: |
Re: "GPL requirement could have a chilling effect onderivativedistros" |
Date: |
Thu, 29 Jun 2006 20:17:22 +0200 |
Rui Miguel Silva Seabra wrote:
>
> Qui, 2006-06-29 Ã s 19:35 +0200, Alexander Terekhov escreveu:
> > > Downloading the same program 500 times with the purpose of distributing
> > > these copies (and which results in exactly the same situation as if one
> > > downloaded once and copied 499 times) would not result in 500 lawful
> > > copies,
> >
> > Sure it would. As for "downloaded once and copied 499 times" (in
> > alternative) it's just implied license to save bandwidth. See above.
>
> There's no such "implied license to save bandwidth". Is that a new
> "right" to be proposed at WIPO?
Think of it as a license for your proxy servers or whatever caching on
the net.
-----
Implied Licenses:
An implied copyright license is a license created by law in the absence
of an actual agreement between the parties. Implied licenses arise when
the conduct of the parties indicates that some license is to be extended
between the copyright owner and the licensee, but the parties themselves
did not bother to create a license. This differs from an express license
in that the parties never actually agree on the specific terms of the
license.
------
And in the case of "end users"...
------
A commonly discussed scenario where implied licenses are destined to
play a major role is on the World Wide Web. When a Web page is viewed
in a Web browser, the page is downloaded through the Internet and placed
on the user's screen. It is clear that a copy of the Web page is being
made by the user. It is also clear that the Web page is protected
against unauthorized copying by copyright law. But it would not make
sense to allow the author of a Web page to sue a user who viewed her
page, since the author intended that the page be viewed by others when
she placed it on the World Wide Web. Rather, attorneys argue, courts
should find that the Web page author has given end users an implied
license to download and view the Web page. The extent of this implied
license is unclear, and may someday be defined by the courts.
------
regards,
alexander.
- Re: "GPL requirement could have a chilling effect on derivativedistros", (continued)
- Re: "GPL requirement could have a chilling effect on derivativedistros", Wei Mingzhi, 2006/06/30
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Stefaan A Eeckels, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Stefaan A Eeckels, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Rui Miguel Silva Seabra, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect onderivativedistros",
Alexander Terekhov <=
- Re: "GPL requirement could have a chilling effect onderivativedistros", Rui Miguel Silva Seabra, 2006/06/30
- Re: "GPL requirement could have a chilling effect on derivativedistros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivativedistros", Stefaan A Eeckels, 2006/06/29
- Re: "GPL requirement could have a chilling effect onderivativedistros", Alexander Terekhov, 2006/06/29