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Re: Do I have claim to the source-code?


From: Merijn de Weerd
Subject: Re: Do I have claim to the source-code?
Date: Tue, 02 Jan 2007 22:42:40 +0100
User-agent: slrn/0.9.8.1 (FreeBSD)

On 2007-01-02, John Hasler <john@dhh.gt.org> wrote:
> Merijn writes:
>> But copyright-wise, rental is just another act of distribution.
>
> See
><http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000109----000-.html>
> particularly (b)(1)(B)(i) and (d). 

Not sure how that's relevant. This gives people the right to
dispose of certain physical copies they lawfully acquire ("first
sale"). There are limitations on this right for computer programs
and it doesn't give you the right to rent out the lawfully
acquired copy. 

What I'm saying is that you can't rent someone a piece 
of software without a valid license. It's one of the exclusive
rights of 17 USC 106, item (3) to be precise. So if
Telefonica rents me a box with GPL software in it, they better
comply with the GPL and give or offer me the source.

Merijn

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