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Re: PHPNuke license

On Mon, Mar 10, 2003 at 05:01:58PM -0500, Branden Robinson wrote:

> > Because it's kept entirely within the entity that created it ("it" being the
> > derivative work based on gs).
> > 
> > I don't believe that would generally be counted as distribution. But IANAL etc.
> I do.  And so apparently does the RIAA, who feel it's an infringement of
> copyright for people to put their own ripped audio onto sharable volumes
> at work, at least once someone who doesn't own an officially sanctioned
> copy accesses it for the first time.

In this case, it's the individual who is doing it on their own behalf, rather
than as part of the corporate entity, hence they are distributing. If the
company required them as part of their job to rip audio and put it onto
internally shared volumes for internal company use, I don't believe that
would be distrinbution.

>  Likewise, the police can bust you
> for "possession with intent to distribute" for carrying certain
> quantities of marijuana, and I don't think the law's assumption is that
> you necessarily intend to be distributing to general public, or on the
> open market -- it is enough that you might distribute the stuff
> privately to your friends.

I don't see how you mean to apply this to the situation we're trying to
discuss; please elucidate.

> We may not like the RIAA or marijuana laws, but their interpretation of
> "distribution" may end up being the controlling definition.


> I'm not even it's a bad definition, even if sometimes gets applied to
> evil ends.
> Nick's words			my words
> ----------------------------------------------------
> deployment			private distribution
> distribution			public distribution
> I think my terms afford less ambiguity.  What would you call the class
> of activities that encompasses both "deployment" *and* "distribution"?

I think you're treading dangerous ground using the word distribution in
a context in which the "distribution" -related elements of copyright law,
licenses etc. do not/should not apply.

Does there need to be a word that describes both? Does there need to be a word
that describes the class of activities that encompasses both "lobster fishing"
and "travelling to the moon" -- they're different, why should there be one
word for them?


Nick Phillips -- nwp@lemon-computing.com
Fine day to work off excess energy.  Steal something heavy.

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