RealNetworks' RTSP Proxy License
Karsten M. Self
kmself at ix.netcom.com
Sun Sep 9 20:03:33 UTC 2001
on Sun, Sep 09, 2001 at 02:00:50PM +0100, SamBC (sambc at nights.force9.co.uk) wrote:
> > -----Original Message-----
> > From: Humphreys, Noel [mailto:nhumphreys at AkinGump.com]
> > Copyright law empowers an author to restrict others from copying the
> > work. A user therefore wants the license to allow the user to copy
> > the work. In software terms, copying occurs when the user's hard
> > drive or RAM receives or records the software, for example.
> Copyright law *does* specify that such copying essential to use is not
> considered copying, and is not a reserved right. We've had this out on
> this list before.
A technicality, but this isn't quite accurate.
Copyright law generally distinguishes not between what is or isn't
copying, but between what is or isn't an *infringing* copy. 17 USC 117
doesn't say that copying a program in RAM isn't copying, but that it's
a non-infringing copy, if performed under certain circumstances (the
normal execution of a program, by or authorized by the lawful owner of a
copy of the program).
A more interesting instance is the so-called home recording provision,
section 1008. In this case, the exemption doesn't state that the copy is
legal or othewise, but that it cannot be prosecuted:
17 USC 1008 Prohibition on certain infrigement actions.
No action may be brought under this title alleging infringement of
copyright based on the manufacture, importation, or distribution of
a digital audio recording device, a digital audio recording medium,
an analog recording device, or an analog recording medium, or based
on the noncommercial use by a consumer of such a device or medium
for making digital musical recordings or analog musical
Karsten M. Self <kmself at ix.netcom.com> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? There is no K5 cabal
Free Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire http://kmself.home.netcom.com/resume.html
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