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Re: "GPL requirement could have a chilling effect on derivativedistros"


From: Alexander Terekhov
Subject: Re: "GPL requirement could have a chilling effect on derivativedistros"
Date: Thu, 29 Jun 2006 20:40:16 +0200

David Kastrup wrote:
> 
> Alexander Terekhov <terekhov@web.de> writes:
> 
> > Stefaan A Eeckels wrote:
> > [...]
> >> > "There is no dispute that section 109 applies to works in digital
> >> > form. Physical copies of works in a digital format, such as CDs
> >> > or DVDs, are subject to section 109 in the same way as physical
> >> > copies in analog form. Similarly, a lawfully made tangible copy
> >> > of a digitally downloaded work, such as a work downloaded to a
> >> > floppy disk, Zip disk, or CD-RW, is clearly subject to section
> >> > 109."
> >>
> >> But that doesn't clarify the status of a copy downloaded to a hard
> >> disk and then copied to CD-R(W). One cannot directly write to a CD
> >> type device, because the file has to be written to another file
> >> that contains the filesystem. Is this intermediate copy lawful?
> >
> > Uhmm. I think that all those intermediate copies fall under 17 USC
> > 117 "archival purposes" (at least for programs ;-) ). Intermediate
> > archival purposes.
> 
> I suppose that you look up "archive" in a dictionary of your choice.

Uh, "the material preserved". (See also 17 USC 117.)

regards,
alexander.


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