Re: PHPNuke license
Don Armstrong <don@donarmstrong.com> 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. You are free to disagree, but merely citing 106
> is not sufficient.
In particular, I thought there was court precedent holding that it is
ok for people using proprietary programs to swap patches with each
other. It wouldn't make much sense to be able to swap patches if you
couldn't apply them.
Regards,
Walter Landry
wlandry@ucsd.edu
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