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Re: Big blow to proprietary linking nonsense.


From: Hyman Rosen
Subject: Re: Big blow to proprietary linking nonsense.
Date: Wed, 08 Dec 2010 15:55:44 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 5/16/2010 2:52 PM, David Kastrup wrote:
You are confused.  Modification even in uncreative ways
> is not a right granted by copyright.

You're wrong, for computer programs:
<http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000117----000-.html>
    Notwithstanding the provisions of section 106, it is not an
    infringement for the owner of a copy of a computer program to
    make or authorize the making of another copy or adaptation of
    that computer program provided: (1) that such a new copy or
    adaptation is created as an essential step in the utilization
    of the computer program in conjunction with a machine and that
    it is used in no other manner

The courts have given extremely broad latitude as to what an
"essential step in the utilization" means, including addition
of new functionality. The law is pretty much that you can make
any change you want to a legal copy of a program. Nothing in
this gives you the right to make further copies, though.


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