OSD compliant shareware

[Humphreys, Noel]

> David Johnson wrote:
 >
 >> In the case of the GPL, and most other OSS licenses, I >>can
 >> completely ignore the license, place a full page ad >in the NYT
 >> saying "I Disagree", get an official judicial >decree that I have
 >>  not agreed, and STILL be able to use >the software under the
 >> terms of copyright law.
 >>
Noel Humphreys responded: >
 > David, you're saying that, fundamentally, open-source licensing
 > simply doesn't work under US law.

John Cowan responded: 
>Not at all.  Note the term "use the software"; copyright law doesn't limit uses (except for DCMA).  Developers think of "using software", especially libraries, as incorporating it into their own works, but that is not the kind of "use" meant here.

If "use" means "operate a single copy of the code for David's own private, in-home purposes", then OK.  However, that's not consistent with the import of the words "completely ignore the license."  Copyright doesn't limit the operation of a machine by means of the copyrighted instructions, but, without regard to the DMCA, copyright law does limit unnecessary or extra copying, public performance and derivative works, all of which could be thought of as "use."

-----Original Message-----
From: John Cowan [mailto:jcowan at reutershealth.com]
Sent: Friday, November 16, 2001 2:47 PM
To: Humphreys, Noel
Cc: 'David Johnson'; license-discuss at opensource.org
Subject: Re: OSD compliant shareware


Humphreys, Noel wrote:

 > David Johnson wrote:
 >
 >> In the case of the GPL, and most other OSS licenses, I >>can
 >> completely ignore the license, place a full page ad >in the NYT
 >> saying "I Disagree", get an official judicial >decree that I have
 >>  not agreed, and STILL be able to use >the software under the
 >> terms of copyright law.
 >>
 >
 > David, you're saying that, fundamentally, open-source licensing
 > simply doesn't work under US law.

Not at all.  Note the term "use the software"; copyright law
doesn't limit uses (except for DCMA).  Developers think of
"using software", especially libraries, as incorporating it
into their own works, but that is not the kind of "use"
meant here.

-- 
Not to perambulate             || John Cowan <jcowan at reutershealth.com>
    the corridors               || http://www.reutershealth.com
during the hours of repose     || http://www.ccil.org/~cowan
    in the boots of ascension.  \\ Sign in Austrian ski-resort hotel


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