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Re: LGPL reverse engineering clause & Java
From: |
Alexander Terekhov |
Subject: |
Re: LGPL reverse engineering clause & Java |
Date: |
Fri, 03 Dec 2004 17:28:05 +0100 |
David Kastrup wrote:
[...]
> > Yeah. That <https://microsoft.order-9.com/winxp64> also has "Terms of
> > Use" ("you may not <blah blah>" link/page). But I've accepted nothing,
> > to begin with.
>
> Fine, but then you have no rights to the software in question except
> those granted by copyright (which do not include redistribution).
^^^^^^^^^^^^^^
17 USC 109, stupid.
<quote source=http://tinyurl.com/3c2n2>
(1) First Sale Doctrine
The first sale doctrine was first analyzed by the United States
Supreme Court in Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908).
[...]
One significant effect of § 109(a) is to limit the exclusive right
to distribute copies to their first voluntary disposition, and thus
negate copyright owner control over further or downstream transfer
to a third party. Quality King Distrib. v. LAnza Research Intl,
Inc., 523 U.S. 135, 142-44 (1998).
[...]
Adobe argues that the first sale doctrine does not apply because
Adobe does not sell or authorize any sale of its software. Adobe
characterizes each transaction throughout the entire stream of
commerce as a license.8 Adobe asserts that its license defines the
relationship between Adobe and any third-party such that a breach
of the license constitutes copyright infringement. This assertion
is not accurate because copyright law in fact provides certain
rights to owners of a particular copy. This grant of rights is
independent from any purported grant of rights from Adobe. The
Adobe license compels third-parties to relinquish rights that the
third-parties enjoy under copyright law.
[...]
(2) Sale v. License
(a) Historical Background
Historically, the purpose of licensing computer program copy use
was to employ contract terms to augment trade secret protection in
order to protect against unauthorized copying at a time when, first,
the existence of a copyright in computer programs was doubtful, and,
later, when the extent to which copyright provided protection was
uncertain. (See Rice Decl. ¶ 6.) Computer program copy use
licensing continued after federal courts interpreted the
Copyright Act to provide substantial protection for computer
programs as literary works. (Id. at ¶ 7.) In Step-Saver Data
Systems, Inc. v. Wise Technology, the Third Circuit examined the
historical development of the use of licensing in the software
industry and concluded that subsequent changes to the Copyright Act
had rendered the need to characterize the transaction as a license
largely anachronistic. 939 F.2d 91, 96 n.7 (3d Cir. 1991).10
> And
> even copyright only grants you rights once you entered into an
> exchange of consideration (usually meaning some payment that is not
> specifically a content-independent volume rate).
"Wrong, wrong, wrong..."
http://groups.google.com/groups?selm=caus2q%248v9%241%40vegh.ks.cc.utah.edu
regards,
alexander.
- Re: LGPL reverse engineering clause & Java, (continued)
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java,
Alexander Terekhov <=
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Drazen Kacar, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Drazen Kacar, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03