Copy-Back License draft for discussion

cody koeninger codykoeninger at
Tue Apr 26 00:47:11 UTC 2005

--- Bruce Perens <bruce at> wrote:
>Public performance is a separate right
> under copyright law,
> but is explicitly defined in the U.S. copyright
> title to only apply to
> certain kinds of work: plays, audio recordings, but
> not software. 

It sounds like you are trying to say that the statute
has settled the issue as to whether public display and
performance apply to software.  I don't think this is

The copyright title doesnt specify which category of
subject matter software falls into.  The 106(4)&(5)
rights apply to literary works.  The definition of
literary work can easily be read to encompass
software, and courts have done so in the past. 
International agreements such as trips, to which the
U.S. is a party, require software to be protected as a
literary work. 

Saying you may have trouble convincing a court is one
thing, but saying its settled at the statutory level
is another.

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