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Re: Looking for an open source license..

From: David Kastrup
Subject: Re: Looking for an open source license..
Date: Mon, 26 Jun 2006 18:22:41 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:
> Finally, here's what had to say on the subject:
> "There is no dispute that section 109 applies to works in digital
>  form. Physical copies of works in a digital format, such as CDs or
>  DVDs, are subject to section 109 in the same way as physical
>  copies in analog form. Similarly, a lawfully made tangible copy
>  of a digitally downloaded work, such as a work downloaded to a
>  floppy disk, Zip™ disk, or CD-RW, is clearly subject to section
>  109."

I think that the problem here is one of ownership.  How can you claim
the ownership of a copy if there is no payment and the content has not
been donated in any kind of way?  The law talks about copies "made
under this title".  But I don't see how this title applies without any
recompensation or consideration towards the copyright holder.

Anyway, big companies try to avoid getting before court with that, and
up to now violations have lead to settlement or injunctions leading to
compliance.  So all your theory may be very nice, but in practice
lawyers and legal departments are not too eager ignoring the GPL.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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