On Fri, 14 Jan 2005, Brian Thomas Sniffen wrote:
There's a third exception. The implicit exception "if you're not
doing something which requires permission from us in the first
place, then we can't prevent you from doing it". I think people are
arguing that it falls under the third exception, not the other two.
A copy of a creative work (Kaffe) is being distributed. That this
doesn't require permission from the copyright holder is unlikely.
But the *difference* between distributing Kaffe alone and distributing it
with something else involves nothing that requires permission from the
copyright owner.