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Re: OpenCascade license opinion



On Fri, 21 Dec 2007 12:51:01 +0000 John Halton wrote:

[...]
> However, when you download software, you are not acquiring an existing
> copy - you are creating a new one. Hence Article 5(1) does not apply.

Wait, who's creating the new copy, though?

I would say that, if I download software from a website, I am not the
one who's creating the new copy: the web server is doing so, to satisfy
my request, and the web server is operated by the copyright holder of
the software (or by someone authorized by the copyright holder).

Consider this:

 a) My web browser sends an HTTP request to the web server, which could
reply with a 403 forbidden error, or otherwise send a copy.

 b) I ask a friend of mine to give me a copy of his hand-written notes
(for a conference talk I couldn't attend to, e.g.), he could refuse, or
otherwise use the photocopier and give me a copy.

 c) I ask a friend of mine whether he can lend me his hand-written
notes, he could refuse, or otherwise lend them for a day or so: during
this day I use the photocopier to create a copy, then I give the
original back to my friend.

Downloading software is case a, which, IMHO, is much more similar to
case b, than to case c.



Again, and again: IANAL, TINLA, IANADD, TINASOTODP.

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