Silly question: are usage restrictions covered by the OSD?

[Arnoud Engelfriet]

Rick Moen wrote:
> Of course, Prof. Moglen has pointed out that (in connection with various
> wild claims to the contrary from SCO Group), at least in most
> jurisdictions, you don't need a licence to _use_ software in the first
> place.  So, unless I'm missing something big, that question looks mostly
> moot, to me.

In European Directive 91/250/EEC, where software was brought
under copyright in the EU, the act of running the program is
explicitly marked as an exclusive right. In other words, in
the EU you do need a license to use someone's software.

The exclusive rights of the rightholder within the meaning of Article
2, shall include the right to do or to authorize: ...  

the permanent or temporary reproduction of a computer program by any
means and in any form, in part or in whole. Insofar as loading,
displaying, running, transmision or storage of the computer program
necessitate such reproduction, such acts shall be subject to
authorization by the rightholder.

Article 5 limits this by saying you don't need authorization for
reproduction "necessary for the use of the computer program by the
lawful acquirer in accordance with its intended purpose, including
for error correction."

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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