Re: The worst that can happen to GPLed code

[Alexander Terekhov]

< misc.int-property added >

I say that in the scenario below I lawfully own ten copies of GNU 
readline and I have never assented to the GPL. David says tha I 
own "None" and that the GNU web site "broadcasts" software tarballs
(kind of Television < ha ha >). Who's correct? TIA.

regards,
alexander.

David Kastrup wrote:
> 
> Alexander Terekhov <terekhov@web.de> writes:
> 
> > David Kastrup wrote:
> > [...]
> > > What about "owners of a particular copy" don't you understand?
> >
> > This is getting funny.
> >
> > ftp://ftp.cwru.edu/pub/bash/readline-4.3.tar.gz
> >
> > I've downloaded it 10 times. I now have 10
> >
> > copyN-readline-4.3.tar.gz
> >
> > How many copies of GNU readline do I own without agreeing to the GPL?
> 
> None, since no exchange of consideration took place.  If you want to
> consider the availability on a download server as "broadcasting"
> under copyright law, then you are entitled to make one copy for
> personal use, but not to sell it for financial gain.
> 
> And also we have:
> 
>     From U.S. copyright law, Chapter 1, §101
> 
>     The term `financial gain' includes receipt, or expectation of receipt,
>     of anything of value, including the receipt of other copyrighted
>     works.
> 
> [...]
> 
>     § 109. Limitations on exclusive rights: Effect of transfer of
>     particular copy or phonorecord
> 
>     [...]
> 
>     (b)(1)(A) Notwithstanding the provisions of subsection (a), unless
>     authorized by the owners of copyright in the sound recording or
>     the owner of copyright in a computer program (including any tape,
>     disk, or other medium embodying such program), and in the case of
>     a sound recording in the musical works embodied therein, neither
>     the owner of a particular phonorecord nor any person in possession
>     of a particular copy of a computer program (including any tape,
>     disk, or other medium embodying such program), may, for the
>     purposes of direct or indirect commercial advantage, dispose of,
>     or authorize the disposal of, the possession of that phonorecord
>     or computer program (including any tape, disk, or other medium
>     embodying such program) by rental, lease, or lending, or by any
>     other act or practice in the nature of rental, lease, or
>     lending. Nothing in the preceding sentence shall apply to the
>     rental, lease, or lending of a phonorecord for nonprofit purposes
>     by a nonprofit library or nonprofit educational institution. The
>     transfer of possession of a lawfully made copy of a computer
>     program by a nonprofit educational institution to another
>     nonprofit educational institution or to faculty, staff, and
>     students does not constitute rental, lease, or lending for direct
>     or indirect commercial purposes under this subsection.
> 
> --
> David Kastrup, Kriemhildstr. 15, 44793 Bochum