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Re: Combining proprietary code and GPL for in-house use



On Wed, 27 Jun 2001, Raul Miller wrote:

>On Wed, Jun 27, 2001 at 04:39:02PM -0600, John Galt wrote:
>> Actually, you can. So long as the final result stays in the possession
>> of the person who did the linking, this is not a COPYright issue, but
>> a property right issue. This is the epitome of fair use.
>
>No.
>
>Please read http://www4.law.cornell.edu/uscode/17/107.html

Where does title 17 mention property rights?  In fact, this is a very good
example of why property rights trump copyrights.  There is no real USC
title for property rights, because they need not be given but enforced.
They are enforced by criminal law in many cases, and by tort law in the
rest.  Regulation of Copyrights is delegated to congress in Article 1
section 8 of the Constitution, but regulation of propertty rights is never
granted to the Congress at all.  In fact, amendments 4, 5, and 10 of
the Bill of Rights place limitations on what Congress may do to property
rights, 10 basically stating that if the Congress hasn't already been
delegated it, Congress can't regulate it (of course you should see some of
the loopholes that they can now drive n entire superhighway [pun intended]
through...)

>Thanks,
>
>

-- 
I can be immature if I want to, because I'm mature enough to make my own
decisions.

Who is John Galt?  galt@inconnu.isu.edu




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