Re: Barriers to an ASP loophole closure
Jeremy Hankins <email@example.com> writes:
> But I'm not yet clear what your argument for that is. On the face of
> it, attaching it to use makes more sense, since who the possessor of a
> copy is is really a technical detail that can be changed or made
> unclear via technical means (e.g., ASP).
The argument is simple. Making a new possessor of a copy requires
*copying*, and is a legitimate thing for copyright to control. Adding
a new user does not necessarily involve copying, and it is not
legitimate for copyright to control this.
Allow me to propose the "What if Microsoft Did It" test. Microsoft
creates a new program, and says "you are prohibited from running this
program behind a web site for other people without paying us money;
after all, this is really a way of trying to cheat us out of selling
the program to more people." We would cry foul, right?