On Tue, 02 Oct 2012 10:19:12 +0200, Alexander Terekhov wrote... > > Alexander Terekhov wrote: > > [... 17 U.S.C. 109 and 17 U.S.C. 117 ...] > > > > How much bearing do you think 17 U.S.C. has on European law? > > > > 17 U.S.C. is currently known in European law as Article 5 > ^ > | > 117 -------+ > > > "Exceptions to the restricted acts" of DIRECTIVE 2009/24/EC: > > > > http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF > > > > "Article 5 > > > > Exceptions to the restricted acts > > > > 1. In the absence of specific contractual provisions, the > > acts referred to in points (a) and (b) of Article 4(1) shall > > not require authorisation by the rightholder where they are > > necessary for the use of the computer program by the lawful > > acquirer in accordance with its intended purpose, including > > for error correction. > > > > 2. The making of a back-up copy by a person having a right > > to use the computer program may not be prevented by contract > > in so far as it is necessary for that use. > > > > ..."
So a lawful acquirer of a copy of copylefted software can do the same things as if the software was non-free - such as error correction and and making a back-up. But ony to facilitate the use of that specifc copy. Nothing more. This doesn't permit the making and distribution of further copies. Big deal. > 17 U.S.C. 109 is currently known in European law as Article 4(2): > > "2. The first sale in the Community of a copy of a program > by the rightholder or with his consent shall exhaust the > distribution right within the Community of **that copy,** with > the exception of the right to control further rental of the > program or a copy thereof." Again, I've emphasised "that copy". There's no exhaustion of the right to control the making and distribution of **further** copies. -- Tim Jackson [email protected] (Change '.invalid' to '.plus.com' to reply direct) _______________________________________________ gnu-misc-discuss mailing list [email protected] https://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
