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Re: "GPL requirement could have a chilling effect on derivativedistros"

From: Alexander Terekhov
Subject: Re: "GPL requirement could have a chilling effect on derivativedistros"
Date: Thu, 29 Jun 2006 22:32:08 +0200

David Kastrup wrote:
> >> Yes, and a preparatory step for creating a CD can hardly be called a
> >> preservational measure.
> >
> > I don't see why.
> Because it is a copy on the way to a CD.

But it may not end up on a CD unless I "prepare archival copies of it 
to guard against destruction or damage by mechanical or electrical 
failure" <>.

> > A CD may have a defect and/or burner can go kaputt right at 99%. Hey
> > dak, even Time Warner got it right.
> But rechristening the archival CD afterwards as something you can sell

No. CD is not archival. The initial download is archival and it won't 
be retained after... "The sale of a copy of a program by a rightful 
possessor to another must be of all rights in the program, thus 
creating a new rightful possessor and destroying that status as 
regards the seller." (comtu6)

> separately is not going to fly well with the courts.

The initial download will be destroyed according to 17 USC 117:

"... such new copy or adaptation is for archival purposes only and that 
 all archival copies are destroyed in the event that continued possession 
 of the computer program should cease to be rightful."


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