restrictions on use

Justin Wells jread at semiotek.com
Sat Apr 1 17:15:28 UTC 2000


The more I read about copyright law, the more I become convinced that you 
CAN restrict use in a pure copyright license. Whether you would want to 
do this or not is controversial and may contravene the OSD anyway. But
it might be OK in some cases. 

One way is that loading a computer program into memory in order to execute
it is an act of copying in the US, and would constitute infringement of 
copyright if you didn't have permission to do this. Since you must load 
a computer program in order to execute it, you can use a copyright license
to restrict the circumstances under which the program can be loaded.

Outside of the US there is the concept of the "moral rights" of a copyright
owner, and the moral rights should also allow you to prevent the use of 
your work in conjunction with something you don't like. For example, you 
may not want your work to be used in conjunction with non-free software
in a variety of specific ways.

Importantly to me, I think you can use these concepts to enforce a viral
license on software even if it is runtime linked, even if it is run from
an application server via CORBA or RMI or DCOM. 

Justin




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