The Copyright Act preempts the GPL

will at osaia.org will at osaia.org
Fri Feb 6 20:29:23 UTC 2004


Scott writes:

>
> (A)
> You say: "each person has a duty not to hinder him [the author making a
> copy of his own work]".
> I am aware of no basis in US copyright law for such a duty. I am aware
> of no basis in US copyright law for a positive right to make a copy. By
> writing something down, you become a copyright owner. That ownership
> right does not give you any special privilege or right to copy,
> distribute, etc. that work. If others have rights that are infringed by
> such acts, they are free to assert those rights to prevent you from
> undertaking those acts. They have no "duty not to hinder" you.
>
To be clear, though, the copyright holder has the right to copy under the
First Amendment, right?

Will
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