Re: APSL 2.0

[Arnoud Galactus Engelfriet <galactus@stack.nl>]

Anthony DeRobertis wrote:
> On Thursday, Aug 7, 2003, at 11:20 US/Eastern, Bernhard R. Link wrote:
> >(And while the lawyers seem currently struggling here in
> >Germany if usage of a program is copying to RAM and thus limited
> >by copyright law or not, I just handle immoral things as void).
> 
> Really? Just now? In the US, Title 17 says it's not. At least I'm 
> pretty sure it does, not online at the moment to check.

17 USC 117 says it is not an infringement to make copies if they
are "created as an essential step in the utilization of the 
computer program in conjunction with a machine". I would argue
this covers any loading from harddisk into RAM, so the copyright
holder cannot forbid you to do this.

European copyright law with respect to computer programs is
harmonized based on a.o. Directive 91/250/EEC of 14 May 1991.
Article 4 of this Directive says quite explicitly:

  Insofar as loading, displaying, running, transmision or storage 
  of the computer program necessitate such reproduction, such 
  acts shall be subject to authorization by the rightholder.

Article 5 then says that the authorization is not necessary if
a lawful acquirer needs to perform the acts for the use of
the program in accordance with its intended purpose.

So, if "running" a program necessitates "reproduction" in
the meaning of copyright law, you need permission from the
copyright holder, unless you have lawfully acquired the
program and you're using it as intended.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/