[License-review] Submitting CC0 for OSI approval

[Bruce Perens]

On 02/19/2012 02:21 PM, Chad Perrin wrote:
> It seems theoretically possible, at least, that a copyright license 
> could affect or control use for a licensee
You don't have to be theoretical. Use generally requires the production 
of an ephemeral copy, as would be made when loading a program from disk 
into RAM. There's a carve-out for this particular form of copying in 17 
USC 117(a), but it only applies to the owner of a copy of the program.

17 USC § 117 - Limitations on exclusive rights: Computer programs
(a) *Making of Additional Copy or Adaptation by Owner of Copy.— * 
Notwithstanding the provisions of section 106 
<http://www.law.cornell.edu/uscode/text/17/106>, it is not an 
infringement for the owner of a copy of a computer program to make or 
authorize the making of another copy or adaptation of that computer 
program provided:
(1) that such a new copy or adaptation is created as an essential step 
in the utilization of the computer program in conjunction with a machine 
and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and 
that all archival copies are destroyed in the event that continued 
possession of the computer program should cease to be rightful.
(b) *Lease, Sale, or Other Transfer of Additional Copy or Adaptation.— * 
Any exact copies prepared in accordance with the provisions of this 
section may be leased, sold, or otherwise transferred, along with the 
copy from which such copies were prepared, only as part of the lease, 
sale, or other transfer of all rights in the program. Adaptations so 
prepared may be transferred only with the authorization of the copyright 
owner.
(c) *Machine Maintenance or Repair.— * Notwithstanding the provisions of 
section 106 <http://www.law.cornell.edu/uscode/text/17/106>, it is not 
an infringement for the owner or lessee of a machine to make or 
authorize the making of a copy of a computer program if such copy is 
made solely by virtue of the activation of a machine that lawfully 
contains an authorized copy of the computer program, for purposes only 
of maintenance or repair of that machine, if—
(1) such new copy is used in no other manner and is destroyed 
immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not 
necessary for that machine to be activated, such program or part thereof 
is not accessed or used other than to make such new copy by virtue of 
the activation of the machine.
(d) *Definitions.— * For purposes of this section—
(1) the “maintenance” of a machine is the servicing of the machine in 
order to make it work in accordance with its original specifications and 
any changes to those specifications authorized for that machine; and
(2) the “repair” of a machine is the restoring of the machine to the 
state of working in accordance with its original specifications and any 
changes to those specifications authorized for that machine.

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