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Re: OpenCascade license opinion



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 .
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