Francesco Poli wrote: > On Thu, 20 Dec 2007 17:45:28 +0000 John Halton wrote: > > I don't think there's a problem with making the licence binding on > > users or downloaders. Quite the contrary: someone who uses or > > downloads the software is performing an "act restricted by the > > copyright" for which a licence is required. > > That's why I asked for comments from real lawyers: I thought that, at > least in some jurisdictions, using or (legally) receiving a work was not > an exclusive right of the copyright holder. > Maybe I'm wrong, so please help me understand.
Specifically for computer programs, some jurisdictions recognize the right to load and execute a program as an exclusive right of the copyright holder. The 1991 EU Copyright Directive for instance explicitly says so, but goes on to say that a lawful acquirer of software may load and execute this software. In a license contract the parties can make different arrangements. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31991L0250:EN:HTML See articles 4(a) and 5(1). This should be present in Italian copyright law. If I'm not mistaken this is article 64bis(1) and 64ter(1) of the _legge di protezione del diritto d'autore_ http://www.wipo.int/clea/docs_new/en/it/it112en.html If the copyright holder makes a program available for download (or permits someone else to do so), then I would say that anyone who downloads the work is a "lawful acquirer" and therefore may execute the work without bothering with the license. Of course redistribution requires specific permission. In other words, in Europe I can download and use any GPL software even when I explicitly refuse to accept the GPL. A different case is exhaustion (what Americans call "first sale"). If I acquire a copy of a work on a physical carrier, I can use the work on that carrier without restriction, including redistributing it. This right does not apply to downloaded software. TINLA and all that. Arnoud -- Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/ Arnoud blogt nu ook: http://blog.iusmentis.com/ -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]