Christophe Grandsire wrote:
"Jon A. Lambert" <jlsysinc@alltel.net>:
Wrong!
The five copyrights of the authors in the US are as follows...
To reproduce the work in copies or phonorecords;
That's copy.
No shit sherlock. Brilliant.
To prepare derivative works based upon the work;
Only if they are to be distributed. The author can't forbid you to
write your own little story based on his that you will never show to
anyone. An author can't forbid you to take an image from a movie and
make it your screensaver.
One cannot create a derivative work unless its authorized. Yes I can write a Darth Vader story that noone will see. I can sing Britney Spears songs in the shower. I can play with Bob's Ruby library for calculating lunar orbits. Obviously the law doesn't really apply to nor really suit the mental masturbations of hobbyist programmers.
But it's just as obvious that the restrictions and conditions placed on derivative works in a license are important to those who aren't just playing with themselves.
To distribute copies or phonorecords of the work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
Distribution.
Not shit sherlock. I can read.
To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures
and other audiovisual works;
Doesn't apply to software, which was the sole focus of this thread.
Yes it does. There is a significant body of software which broadcasts to users and is performed publicly. This right is usually flexed by authors in setting commercial usage/non-public/private only restrictions on their work. Just as an example, the Apache group could have explicitly forbidden anything but personal/private use of their web server in their license. It probably wouldn't be all that fun to run a web server that you couldn't allow the public to view.
Computer programs and software are generally covered under the
literary rules, unless they also include music and art.
But those are usually licensed separately. Look at how Firefox and
Thunderbird are licensed differently from the icon art that they
contain for instance.
No not usually. The computer game industry that doesn't license the use of it's game, music, and images separately, at least not to the usual customers or end users. In fact in many cases the protected imagery is generated by the program itself.
Under Canadian copyright law and I suspect some European law,
author's also have rights of attribution.
Which have no meaning unless you're redistributing.
Not sure what you mean by no meaning. In US law it's almost spurious as it's subsumed into other parts of copyright law. For example section 506 which makes it criminal to remove copyright notices and attributions.
I stand by what I say: personal use is *not* covered by copyright. I
can buy a book, cut it in small pieces and glue all the sentences on
my wall if I want, and the author has no business forbidding me to do
that. Not in the law and not in practice. And "public display" is not
personal use, especially for software, so it doesn't change what I
said.
And it's pretty much not relevant to professional programmers. It's like insisting you can run around naked in your house holding your weiner farting and the author or law cannot stop you. Who cares? It's a stupid waste of time.
Use restrictions are legit and affect those using the software publicly, for hire, contract or commercially. Take the BSD and other licenses advertising clauses. Those that require programs to display copyright information to the user or advertising to the user, or in some cases demand you don't associate the author with your program. All legit conditions for granting the rights to use or perform the software.
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J Lambert