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Re: Should the ASP loophole be fixed? (Re: The Affero license)



Branden Robinson <branden@debian.org> writes:

> On Wed, Mar 12, 2003 at 01:15:26AM -0800, Thomas Bushnell, BSG wrote:
> > David Turner <novalis@novalis.org> writes:
> > > 4. Fundamental rights include the right to deny to *non-users* of the
> > > software, access to the source code for the software
> > 
> > No, this misstates my position.  Possessors of the software, whether
> > users or not, should have access to the source code.
> 
> Of course, now we're into that wonderful can of worms where we attempt
> to apply the concept of "possession" to something that is utterly
> intangible.

Not at all!  "possession" here refers to the physical copy, which is,
in fact, physically instantiated, and it is that physical
instantiation to which copyright law attaches.



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