Re: The draft Position statement on the GFDL
Raul Miller wrote:
> On Sun, 02 May 2004, Raul Miller wrote:
>> > Can you point me at some jurisdiction where such copying is
>> > disallowed?
>
> On Sun, May 02, 2004 at 05:05:15PM -0700, Don Armstrong wrote:
>> I have been told that the UK is one such jurisdiction, but I'm by no
>> means expert (or even versed) in UK law.
>>
>>
http://lists.debian.org/debian-legal/2003/debian-legal-200309/msg00760.html
>>
>> talks about it a bit.
>
> Hmm... not much to go on.
>
> The only hint I see in the UK copyright law on how it deals with the
> routine copies which are necessary to use a file on a computer appears
> in Chapter VI (Presumptions). Here, it uses the term "copies" to refer
> to ownership of a computer program:
>
> http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_7.htm#mdiv105
>
> This language seems to indicate that in the UK, the owner of a computer
> program has a right to some set of copies.
>
> This is entirely supposition, unfortunately. The details aren't spelled
> out anywhere I can find, but given that "multiple copies" is an accurate
> representation of what has to be the case in the use of a computer
> program, I find it easy to believe.
>
> However, I haven't been able to find anything in UK copyright law which
> would cause a problem for the user who has a GFDL licensed document
> named "file" where they issue the command "chmod 0 file" and the command
> completes without error.
>
>> Jurisdictions with Droit d' auter may be others which don't have a
>> concept of fair use (or have a limited concept.)
>
> I think the presence or absence of "Fair Use" is largely irrelevant in
> this context. I believe all that's needed is that the country allow
> people to run legally owned computer programs.
Really? How does that give any rights regarding the GFDL "file"? You may
have the limited right, under copyright law, to make the copies which are
necessary to run "chmod", but that doesn't help you when it comes to the
copyright of "file".
> However, if there are countries which allow copyright restrictions on use
> -- where the owner of a program may control how a person uses a program
> (outside of redistribution) -- then this GFDL license might be a problem.
>
> Does anyone know of any such countries? [If we do, they could serve as
> significant examples in a variety of other contexts as well.]
>
> Thanks,
>
--
There are none so blind as those who will not see.
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