From: Eero Saynatkari <ruby-ml@...>
Date: 2005-11-09T04:18:53+09:00
Subject: Re: which open source licence?

Christophe Grandsire wrote:
> Selon Eero Saynatkari <ruby-ml@magical-cat.org>:
> 
> 
>>Sure, it is not exactly a breeze demonstrating in court that it is a
>>reasonable request to mandate anyone using your program must wear only
>>duck-patterned underwear but it is a reasonable interpretation of
>>the applicable laws, particularly with a strict interpretation of
>>the copyright law :)
>>
> 
> 
> In this case, you are the one that is incorrect. Copyright only covers copying
> (as its name indicates) and redistributing, basically disallowing both (except
> for fair use in some countries). *Use* is *never* covered by copyright. That's
> why those "End-User License Agreements" which restrict use are really contracts
> rather than copyright licenses, require agreement, and are based on contract law
> rather than copyright law.
> 
> So it is *not* a reasonable interpretation of the applicable laws to force
> specific user patterns with a copyright license, even with the strictest
> interpretation of the copyright law you want. Copyright only refers to copying
> and distribution. As long as those aren't involved, you can't invoke copyright
> law to restrict the end user. If you want to restrict use, you *have* to use a
> contract, or one of those EULAs which are often void anyway because they don't
> follow contract law.

No, no, I am sure I am right :)

Anyone not fully complying with my licencing is violating my copyright because
the only way they can not avoid violating it is by my permission, obtained in
the form of compliance to my licencing. In other words, if you fail to wear
the duck-patterns then your licence will be revoked and you fall back to normal
copyright which states you have no rights to my works.

Above assuming you are doing something that would violate the normal copyright.
There are specific actions copyright protects (among them any public use) but
even just obtaining the software could fall under that category :)

> --
> Christophe Grandsire.

E