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Re: how much is too much?

From: Alexander Terekhov
Subject: Re: how much is too much?
Date: Mon, 30 May 2005 23:31:59 +0200

John Hasler wrote:
> Isaac writes:
> > Well, the copyright statute says that one of the exclusive rights of the
> > copyright holder is the *preparation* of derivative works.  (See 17 USC
> > 106).  You don't have to distribute or copy such works in order to
> > infringe.  Creating a derivative work without is enough.  It is not clear
> > to me that the literal words of 2(a) of the GPL do not apply to someone
> > who modifies code on his own system.
> I think that 17 USC 117 applies here.  

But not here. AFAIK, except bug fixing, the German law doesn't have 
17 USC 117 like exception for (private) software "Bearbeitungen" 
(copyrightable derivative works) and "Umgestaltungen" (uncopyrightable 
derivative works, so to speak). But that exclusive right doesn't expand 
to "Sammelwerke" (compilations), fortunately. And "first sale" applies  
regarding lawfully "acquired" (for free including, except "online
services") material objects, thanks god. I'm not sure about copyright 
misuse (another defense against FSF's SCOish claims) -- seems to be 
pure US concept. Classic unenforceable unfair contract terms thing 
comes pretty close, but the FSF stubbornly claims that the [L]GPL is 
not a contract... so go figure, y'know. ;-)


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