On Sat, 22 Dec 2007 22:11:26 +0000 John Halton wrote: > 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. This is interesting. May I say that the copy that consists of network packets is created by the web server, while the copy on my hard-drive is created by me? If this is the case, may I claim that I am a lawful acquirer of the copy that consists of network packets? At that point, I may claim that the law allows me to create a copy onto my hard-drive because it's "necessary for the use of the computer program by the lawful acquirer in accordance with its intended purpose"... IANAL, TINLA, IANADD, TINASOTODP, as usual. -- http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html Need to read a Debian testing installation walk-through? ..................................................... Francesco Poli . GnuPG key fpr == C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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