RealNetworks' RTSP Proxy License

[Chloe Hoffman]

This is not legal advice. No attorney-client relationship is established. 
etc etc.

>From: "SamBC" <sambc at nights.force9.co.uk>
>To: "Humphreys, Noel" <nhumphreys at AkinGump.com>, 
>"License-Discuss at Opensource. Org" <license-discuss at opensource.org>
>Subject: RE: RealNetworks' RTSP Proxy License
>Date: Sun, 9 Sep 2001 14:00:50 +0100
>
> > -----Original Message-----
> > From: Humphreys, Noel [mailto:nhumphreys at AkinGump.com]
> >
><SNIP>
> >
> > 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.
>

U.S. and a number of other countries' copyright law indeed permits as an 
exception the limited ability of making of a copy in the utilization of 
program on a machine. See section 117 of the U.S. Copyright Act. Laws of 
many other countries do not provide such an explicit exception. Moreover, 
most countries in the world do not provide as wide a fair use privilege as 
the U.S or recognize implied license (or if so, an express license likely 
trumps).

><SNIP>
>
>Copyright law does state that the copyright holder does not perforce 
>reserve
>the right to "use" the work, however that may apply to the work. They may
>not forbid people to read a book, but they may forbid them to read it in
>public. They may not forbid people to *privately* perform a play, or
>rehearse it, but they may forbid them from performing in public. Get the
>idea.
>

AFAIK in almost all countries making copies has no "public" limitation - 
whether the copy is "private" or "public" is irrelevant.

>IANAL, but I have had definite answers on these areas...
>
>
>Sam Barnett-Cormack
>
>--
>license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

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