Open source shareware?

[Karsten M. Self]

on Fri, Nov 09, 2001 at 12:28:12PM +0000, Angelo Schneider (angelo.schneider at oomentor.de) wrote:
> Hi all!
> 
> Angelo Schneider David Johnson:
> > 
> > > On Thursday 08 November 2001 08:05 am, Forrest J. Cavalier III wrote:
> > > 
> > > As long as this permission notice and disclaimer are included, any
> > > person obtaining a copy of this software may distribute this
> > > software or derivatives.
> > 
> > Where's my permission to create derivatives? I see that I can distribute
> > them, but there's nothing about being able to create them. This is a crucial
> > distinction. As it now stands, I have the right to distribute derivatives
> > created by OTHER people, but not to create them myself.
> > 
> 
> You do not need a permission to create derivates, IMHO.

Wrong:

17 USC 106:

    http://www4.law.cornell.edu/uscode/17/106.text.html

    Sec. 106. Exclusive rights in copyrighted works

    Subject to sections 107 through 121, the owner of copyright under
    this title has the exclusive rights to do and to authorize any of
    the following:

        <...>

	(2) to prepare derivative works based upon the copyrighted work;

Personal use may be allowed under one of the enumerated exeptions
107-121 (an in particular, fair use).  However, derivative works are a
specific exclusive right of authors.

Please provide yourself with a rudimentary familiarity with law before
making such pronouncements.

IANAL, TINLA, YADA.

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>       http://kmself.home.netcom.com/
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