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Re: Artifex v. Diebold: "The GPL is non-commercial!"


From: Alexander Terekhov
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Thu, 05 Feb 2009 23:17:45 +0100

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > So what was your point, Hyman?
> 
> You posted the link to sec-104-report-vol-1.pdf in what appeared
> to be a claim that being shipped DVDs and downloading copies was
> equivalent as far as subsequent redistribution. I demonstrated
> that the same document regards these as different.

I still don't get your point, Hyman. Are you playing the word game
regarding the meaning of (re)distribution word ("It depends upon what
the meaning of the word 'is' is" -- Bill Clinton)?

In essence, http://www.copyright.gov/docs/regstat121201.html as
concluded from
http://www.copyright.gov/reports/studies/dmca/dmca_study.html says that
lawfully owned copies (material objects) made by means of downloading
from an authorized source squarely fall under 17 USC 109.

Time Warner, Inc.: 

  We note that the initial downloading of a copy, from an 
  authorized source to a purchaser's computer, can result in 
  lawful ownership of a copy stored in a tangible medium.

copyright.gov:

  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(TM) disk, or CD-RW, is 
  clearly subject to section 109.

Do you agree with copyright.gov's conclusion above, Hyman?

Yes or no?

If yes, do you agree that given
http://www.research.ibm.com/quantuminfo/teleportation science applied
regarding the macroscopic objects (material objects -- "copies" under 17
USC 101), the passage you quoted in response to my message makes no
sense at all?

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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