[License-discuss] [License-review] For Approval: The Cryptographic Autonomy License

[Alexander Terekhov]

https://www.wipo.int/treaties/en/text.jsp?file_id=295166#P56_5626

"Article 4 Computer Programs

Computer programs are protected as literary works within the meaning of
Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression.3
...
3 Agreed statements concerning Article 4: The scope of protection for
computer programs under Article 4 of this Treaty, read with Article 2, is
consistent with Article 2 of the Berne Convention and on a par with the
relevant provisions of the TRIPS Agreement."

https://www.wipo.int/treaties/en/text.jsp?file_id=295166#P78_9739

"Article 8 Right of Communication to the Public

Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i) and
(ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention, authors
of literary and artistic works shall enjoy the exclusive right of
authorizing any communication to the public of their works, by wire or
wireless means, including the making available to the public of their works
in such a way that members of the public may access these works from a
place and at a time individually chosen by them.7
...
7 Agreed statements concerning Article 8 : It is understood that the mere
provision of physical facilities for enabling or making a communication
does not in itself amount to communication within the meaning of this
Treaty or the Berne Convention. It is further understood that nothing in
Article 8 precludes a Contracting Party from applying Article 11bis(2) . "

https://www.law.cornell.edu/treaties/berne/11bis.html

"BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS (Paris Text 1971)

________________________________

Article 11bis

(1) Authors of literary and artistic works shall enjoy the exclusive right
of authorizing:

(i) the broadcasting of their works or the communication thereof to the
public by any other means of wireless diffusion of signs, sounds or images;

(ii) any communication to the public by wire or by rebroadcasting of the
broadcast of the work, when this communication is made by an organization
other than the original one;

(iii) the public communication by loudspeaker or any other analogous
instrument transmitting, by signs, sounds or images, the broadcast of the
work.

(2) It shall be a matter for legislation in the countries of the Union to
determine the conditions under which the rights mentioned in the preceding
paragraph may be exercised, but these conditions shall apply only in the
countries where they have been prescribed. They shall not in any
circumstances be prejudicial to the moral rights of the author, nor to his
right to obtain equitable remuneration which, in the absence of agreement,
shall be fixed by competent authority.

(3) In the absence of any contrary stipulation, permission granted in
accordance with paragraph (1) of this Article shall not imply permission to
record, by means of instruments recording sounds or images, the work
broadcast. It shall, however, be a matter for legislation in the countries
of the Union to determine the regulations for ephemeral recordings made by
a broadcasting organization by means of its own facilities and used for its
own broadcasts. The preservation of these recordings in official archives
may, on the ground of their exceptional documentary character, be
authorized by such legislation."

There is also Berne Article 11 on public performance of dramatic works but
that is unrelated to software:

https://www.bodleian.ox.ac.uk/__data/assets/pdf_file/0009/178227/Identifying-relevant-copyright-works.pdf

•  literary works – this means any work (other than dramatic or musical
works) expressed in writing, but will include a table, a compilation (other
than a database), a computer program and a database. It also includes
secondary work carried out on existing works (e.g. translation, editorial
work, critical annotation or explanation, compilation, addition, selection
and abridgment) where they exhibit sufficient skill, labour and judgment;

• dramatic works – these can be quite difficult to define, but must exhibit
some movement, story or action, and may include scripts for films and plays
and works of dance and mime;

 Am So., 14. Juli 2019 um 02:36 Uhr schrieb John Cowan <cowan at ccil.org>:

>
>
> On Sat, Jul 13, 2019 at 10:03 AM Russell McOrmond <
> russellmcormond at gmail.com> wrote:
>
> I can't tell if you are agreeing or disagreeing that it is the same or
>>> similar (right to authorise "public performance" of software, and
>>> interface/API copyright).
>>>
>>
> I'm saying that there is no public performance right for works that aren't
> performed.  Plays are performed, sculpture is displayed, software is
> neither.  If you think it is, the burden of persuasion is on you.
>
>
>> You still haven't answered my question about whether ssh-ing to someone
>>> else's server and running some program there counts as "on your own
>>> computer" or not.  Does it matter if you pay for the use of the server or
>>> it is gratis?  (I hold that the GPL conditions attach in all these cases)
>>>
>>
>> I did answer, but you didn't accept my answer.
>>
>> It is usually bad form to repeat an answer to a Straw Man argument.  I
>> specifically spoke about control, not ownership of hardware.
>>
>
> Ownership *is* control.  If it's my server, I get to turn it off, whether
> you "control" it or not.
>
>
>> This means if you ssh into a computer you control (the use of the ssh
>> protocol itself doesn't disclose the level of control you have), then you
>> are the one who installs/combines/runs/etc the software (the software user,
>> for the purposes of software license agreements).   While I don't believe
>> private copying should be regulated by copyright, and have actively
>> promoted that concept within Canada, we can leave that issue for the moment
>> as you seem to accept that all these activities should be thought of as
>> regulated activities.
>>
>
> Apparently we are talking past one another.
>
> I suspect this is where you were trying to lead the conversation,
>> suggesting that typing commands on a shell is analogous to a public
>> interface.
>>
>
> You couldn't be more mistaken if you tried with both hands.  I give up.
>
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>
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>
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