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Re: EULAs and the DFSG



On Fri, Dec 06, 2002 at 08:51:52AM +0000, Andrew Suffield wrote:
> If I illegally acquire the program, I don't have usage rights, AIUI.

Under traditional U.S. copyright law (the DMCA notwithstanding), there
is no such think as "illegal acquisition".  Just tortious or illegal
distribution.

For example, simply owning a bootleg CD is not illegal, and it cannot be
confiscated from you unless it can be established that you plan to
distribute it.  So, under traditional copyright law it's legal for the
Big Time Record Company to smash into a warehouse and truck off crates
full of the Bob Dylan _Ten of Swords_ bootleg, but not legal for them to
execute a search of people's homes or persons and confiscate any copies
of _Ten of Swords_ they find.

(This may be a bad example because I don't even know if Bob Dylan's
record contract gave his record company the sound recording rights to
the live show(s) from which _Ten of Swords_[1] was made.)

[1] Yes, it's a real bootleg.  Or was.  Rendered obsolete by some
official CD box set that was put out a few years ago, I think.  Ask a
Dylan fan.

-- 
G. Branden Robinson                |     Suffer before God and ye shall be
Debian GNU/Linux                   |     redeemed.  God loves us, so He
branden@debian.org                 |     makes us suffer Christianity.
http://people.debian.org/~branden/ |     -- Aaron Dunsmore

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