From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S264396AbTLEWgG (ORCPT ); Fri, 5 Dec 2003 17:36:06 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S264463AbTLEWgG (ORCPT ); Fri, 5 Dec 2003 17:36:06 -0500 Received: from ams-iport-1.cisco.com ([144.254.74.5]:9072 "EHLO ams-iport-1.cisco.com") by vger.kernel.org with ESMTP id S264396AbTLEWgE (ORCPT ); Fri, 5 Dec 2003 17:36:04 -0500 Date: Fri, 5 Dec 2003 22:36:01 +0000 From: Derek Fawcus To: Arjan van de Ven Cc: Shawn Willden , linux-kernel@vger.kernel.org, Ryan Anderson Subject: Re: Linux GPL and binary module exception clause? Message-ID: <20031205223601.D749@edinburgh.cisco.com> References: <20031205140304.GF17870@michonline.com> <200312050938.10607.shawn-lkml@willden.org> <1070643290.14996.5.camel@laptop.fenrus.com> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii X-Mailer: Mutt 1.0.1i In-Reply-To: <1070643290.14996.5.camel@laptop.fenrus.com>; from arjan@fenrus.demon.nl on Fri, Dec 05, 2003 at 05:54:50PM +0100 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org On Fri, Dec 05, 2003 at 05:54:50PM +0100, Arjan van de Ven wrote: > > > So copies to disk and RAM that are "an essential step in the utilization of > > the computer program" are non-infringing. > > probably true for the US, most definitely not true in europe... it's > explicit in law here that copying from disk-to-ram and ram-to-cpu is > distributing in the "need a license" sense... Wrong (assuming you want to include the UK as part of Europe :-) UK Copyright Designs and Patent Act, 1988 (as ammended) 50C.--(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to copy or adapt it, provided that the copying or adapting- (a) is necessary for his lawful use; and (b) is not prohibited under any term or condition of an agreement regulating the circumstances in which his use is lawful (2) It may, in particular, be necessary for the lawful use of a computer program to copy it or adapt it for the purpose of correcting errors in it. ... and the above is from a copyright regime which is in general quite draconian. OK - So now you get to argue about EULAs, but that's a seperate issue. DF