External deployment / Otherwise Make Available (was Re: OVPL summary)

[Alex Bligh]

--On 15 September 2005 10:51 +0100 Alex Bligh <alex at alex.org.uk> wrote:

>> "Otherwise Make Available" shall, with reference to software, mean the
>> use of that software in such a manner that it may be used by one or more
>> parties other than You, or (in the course of their employment) Your
>> employees, or (in the exclusive course of their duties to You) Your
>> contractors, whether such use is achieved by means of making that
>> software available to those parties over a computer network, or
>> otherwise.
>
> (& Andrew - that's the thing from the archives I said I'd find)

In response to an off-list, I note the above (and Larry's wording)
incorporates the word "used". That should be interpreted in a copyright law
sense. Some people seem to be concerned about (say) the following scenario.
The software is a burger ordering system deployed in McBurgers. McBurgers
modified the software from an OVPL/OSL (take your pick) original work. It
runs touch-screens in burger-bars. The touch-screens are only used by
McBurgers employees. Customers order burgers by asking the McBurgers
employees for what they want. Is the customer "using" the software (through
a human intermediary in the form of an employee). I cannot see how the word
"using" can be construed this way in law, despite some people's view to the
contrary.

I am taking it that something for which you would not require a license
cannot be "use".

Larry?

Alex