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Re: PHPNuke license



On Mon, 2003-03-10 at 15:04, Don Armstrong wrote:
> On Mon, 10 Mar 2003, David Turner wrote:
> > On Fri, 2003-03-07 at 00:19, Anthony Towns wrote:
> >> Well, they try to anyway. If there's no copying taking place, I fail
> >> to see how it can apply, whether it tries to or not.
> > 
> > Because the preparation of derivative works is one of the exclusive
> > rights of copyright holders.  Please read 17 USC 106 (2) again.
> 
> Yet again, it is not enough to cite 17 USC 106 (2), without citing 17
> USC 107 and the caselaw based on 17 USC 107.
>
> Anthony is quite reasonable in presuming that the current
> interpretation of "Fair Use" applies to cases where there is no
> copying taking place. 

I think this is fundamentally unsound, given Texaco. I gave an actual
Fair Use analysis in another message.

-- 
-Dave Turner                     Stalk Me: 617 441 0668

"On matters of style, swim with the current, on matters 
of principle, stand like a rock." -Thomas Jefferson



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