Contract or License?

Karsten M. Self kmself at
Sun Sep 16 20:42:58 UTC 2001

on Sun, Sep 16, 2001 at 04:52:37PM +0100, SamBC (sambc at wrote:
> > -----Original Message-----
> > From: Rod Dixon [mailto:rodd at]
> > Sent: 14 September 2001 23:20
> >
> >
> <SNIP>
> > Mai v. Peak case is still good law. Today, a copyright holder may control
> > the RAM copy of a software copyright-protected work. The fact that a
> > copyright holder can control his or her work at the level of a RAM copy
> > may be big trouble for us. Ostensibly, one can hardly "use' software
> > without the author's permission, if he or she can control copying at the
> > point of a RAM copy. This practicial consideration, I believe, is
> > Karsten's point. Indeed, section 117 of the Copyright Act is a limitation
> > - - a limitation that is quite limited - - on this RAM right (no pun
> > intended).
> Just to clear a point up - are we making the usual image error of most
> movies, i.e. USA = World?

*Any* discussion of statute is going to be relative to its specific
jurisdiction.  This isn't an error, it's a fact of the domain.

> DMCA surely holds no water (or has any effect) overseas? 

The US statute doesn't hold overseas, to the extent that foreign law
enforcement cannot be forced to uphold US law.  I don't believe an
extradition case could be based on DMCA, though I don't know what these
limits are.

However, the DMCA is based on the WIPO/WTO intellectual property treaty,
and as such is intended to be the foundation of "normalized" law in most
industrialized nations.

Moreover, related statutes have been used to hassle, intimidate, and
arrest citizens of non-US nations, most notably Jon Johansen, in Norway.

And foreign nationals travelling to the US are at risk of arrest,
incarceration, and criminal legal action due to the US.

Your view is naive.


Karsten M. Self <kmself at>
 What part of "Gestalt" don't you understand?              Home of the brave                    Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA!
Geek for Hire            
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