Re: Some licensing questions regarding celestia
On Sun, 7 Sep 2003, Don Armstrong wrote:
>On Sat, 06 Sep 2003, Rick Moen wrote:
>> Assuming we're talking about USA jurisdictions: 17 USC 106 et seq.
>> enumerates rights reserved to copyright owners by default. Others
>> are conveyed automatically to any lawful recipient of a covered work
>> -- the default licence implicit in copyright law.
>17 USC 106 (3) lists four ways for a copy to be distributed.
> 106. Exclusive rights in copyrighted works:
> Subject to sections 107 through 122, the owner of copyright under
> this title has the exclusive rights to do and to authorize any of
> the following:
> (3) to distribute copies or phonorecords of the copyrighted work
> to the public by sale or other transfer of ownership, or by
> rental, lease, or lending;
This paragraph clearly refers to distribution of _existing_
copies, not to creation of new ones. There explicitly mentioned the
"transfer of ownersip" of copies tangible medium....
>Rental and lending are pretty much out of scope for software,
>licenses preclude sale, so what we're pretty much only discussing
>lease of the software, subject to the terms of the license.
...and, therefore, all following speculations are