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

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
>> 
>> Alexander Terekhov <terekhov@web.de> writes:
>> 
>> > Stefaan A Eeckels wrote:
>> > [...]
>> >> > "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."
>> >>
>> >> But that doesn't clarify the status of a copy downloaded to a hard
>> >> disk and then copied to CD-R(W). One cannot directly write to a CD
>> >> type device, because the file has to be written to another file
>> >> that contains the filesystem. Is this intermediate copy lawful?
>> >
>> > Uhmm. I think that all those intermediate copies fall under 17 USC
>> > 117 "archival purposes" (at least for programs ;-) ). Intermediate
>> > archival purposes.
>> 
>> I suppose that you look up "archive" in a dictionary of your choice.
>
> Uh, "the material preserved". (See also 17 USC 117.)

Yes, and a preparatory step for creating a CD can hardly be called a
preservational measure.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum