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Re: OpenCascade license opinion

On Fri, Dec 21, 2007 at 07:50:12PM +0100, Francesco Poli wrote:
> 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).

When you download software, a copy is created on your computer,
assembled from packets of data downloaded from the remote server. Your
computer does not receive a complete copy, fully formed (and even if
it did, the act of transferring that copy onto your hard-drive would
itself be the creation of a new copy).

So to repeat: a lawful acquirer, whatever else it means, means someone
who acquires a *pre-existing* copy (i.e. a copy on a physical storage
medium of some description). A downloader is not acquiring a
pre-existing copy, but creating a new one.



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