Re: A possible approach in "solving" the FDL problem
* Fedor Zuev <Fedor_zuev@mail.ru> [030812 22:56]:
> Because "everyting is software" declarations does not really
> serve for promotion of any freedom, but, contrary, only for stealing
> freedom existed under the law.
Please note that there can be different definitions which vary by
their field of use. (For extreme examples see the definition of
ring in mathematics).
> Of course, there is some differences between countries, but
> they are relatively small regarding this subject. Under software
> copyright user get far more restrictions and far less rights than
> under any other flavor of copyright.
Please note that most other jurisdictions normaly have their laws
written in other languages, too. And in most countries the words
in the law have a slightly different meaning than in normal use.
(On example is murder. At least in Germany any form of killing
is refered to as "Mord"(murder) in normal usage, whereas "Mord"
in the sense of law is much more limited (intententions, lower
motives and such things)).
So while most jurisdictions may have different terms and some
may even state the term "software" in their laws (I guess most
will more likely take an more exact wording and only the
commentary refer to software), we still have to find a suitable
definition which of its meanings we want it to mean.
And just saying all digital data is software is the easiest and
most elegant meaning in this context.
> In USA (and most of EU countries) you can legally rent copy
> of any copyrighted book - but not a copy of computer program.
I don't know about the whole EU, but I think I heared most
clauses to prefent renting might be illegal in Germany. (At least
noone should be able to stop you from renting a disc with programs
on it, don't know if anyone might allowed to copy it to it's RAM).
It think the most important difference between computer programs
and non-computer-programs here in Germany is the ability to protect
non-human-generated pieced (like compiled computer programs). Everything
else has to be made by human and have a minimal artistic height.
(I was told this non-sense was introduced to get the USA sign some
international treaties about copyright protection).
Hochachtungsvoll,
Bernhard R. Link
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