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Re: GPL and other licences


From: Isaac
Subject: Re: GPL and other licences
Date: Sun, 12 Feb 2006 19:21:43 -0600
User-agent: slrn/0.9.7.4 (Linux)

On Sun, 12 Feb 2006 16:30:45 +0100, David Kastrup <address@hidden> wrote:
> Isaac <address@hidden> writes:
> 
>> On Sun, 12 Feb 2006 14:18:22 +0100, David Kastrup <address@hidden> wrote:
>>> Graham Murray <address@hidden> writes:
>>> 
>>>> David Kastrup <address@hidden> writes:
>>>>
>>>>> Graham Murray <address@hidden> writes:
>>>>>> For example you borrow from the library a book which comes with a CD
>>>>>> containing GPL'd software. Under the terms of the GPL are you not
>>>>>> entitled to make a copy of that software before returning the book
>>>>>> and CD to the library? You do not need the library's (owner of the
>>>>>> physical copy you copied) permission to do so.
>>>>>
>>>>> Not?  You mean, I can just walk into a library and start scanning with
>>>>> a hand scanner or a digital camera from media that happen to contain
>>>>> public domain material, without actually borrowing the stuff out?
>>>>
>>>> No I am not suggesting that at all. What I am suggesting is that I
>>>> can borrow a book from the library and once it is in my possession I
>>>> can do with it anything allowed by copyright law.
>>> 
>>> Because a library is a special agency, with special rules fixed in
>>> special laws.
>>
>> I don't think it is necessary to argue that the library is special.
>> The library owns books and allows access to them as they choose.
>> There are only a few provisions of copyright law that are triggered
>> by owning a copy and the ones of interest here don't apply to books.
>> No license or permission of any kind is allowed to exercise fair use
>> just as no license is required to read a book.  Fair use is copying
>> done without permission.
> 
> I don't think that lending out books for money to people you don't
> know with the intent to let them read and copy them is still covered
> by the normal "fair use".

What's your point?   How does that make the library special?

Copyright law allows lending books out for the purpose of reading them
for free or for profit.  Your correct that it would not be fair use, but
reading does not involve any of the exclusive rights reserved to copyright
holders.  Copyright law places a few more restrictions on the lending out
of software, which IMO makes the libary analogy even less useful.

The library cannot lend the books out for the purpose of allowing copying.
How is that relevant?

Isaac


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