[PD-ot] Re: Using Copyright

Hans-Christoph Steiner hans at eds.org
Mon Jan 9 05:58:50 CET 2006


On Jan 8, 2006, at 7:22 PM, Marc Lavallée wrote:

> Le 7 Janvier 2006 01:39, Hans-Christoph Steiner a écrit :
>> I don't know Canadian law, but generally, with copyright, the terms of
>> which you are allowed to copy are not determined by law, but rather  
>> the
>> license.
>
> The Canadian law is probably not that different. When licenses are like
> "this is mine" or "just be nice", important rules are missing and  
> default
> rules applies.

"All rights reserved" is the default, meaning no one is granted any  
rights.  Other than that, the rules are in the license AFAIK.

.hc

>
>> If a license says you are not allowed to make copies for
>> yourself, you are not allowed to (except for fair use exceptions).
>
> Backup copies are usually allowed :
> http://www.law.cornell.edu/uscode/17/117.html
>
> The fair use exceptions are about using, not copying. We can use
> copyrighted works for private studying, research, commentary, parody  
> and
> news; I think that's true even if the works are copied from  
> non-authorized
> sources because we are not responsible of who's distributing. There's  
> no
> clear and definitive rules about fair use and how exceptional it can  
> be,
> and it's the responsability of the copyright owner to check if its  
> rights
> are infringed. If you copy only for the sake of copying (or  
> collecting),
> without using or distributing, copyright owners rarely care (unless  
> they
> ask the BSA to scare you...)
>
>> An example of this is software licenses that only allow one installed
>> copy.
>
> Installed, not only copied. Anyway how that could be checked? Copyright
> licenses doesn't yet include perfect verification systems (like DRM or
> "trusted computing"), and that would conflict with the fair use  
> doctrine.
>
> What really matters is building trust.
> --
> Marc
>
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