Subject: RE: the provide, license verbs
From: "Rod Dixon, J.D., LL.M." <rdixon@cyberspaces.org>
Date: Tue, 6 Jul 2004 09:13:15 -0400

...Not the real world example that I was looking for but, admittedly, the
hypo works. In fact, the USA Patriot Act might mean the hypo need not
reference a "dictatorship." Today, even in a democracy, lawful entry into a
"tech-savvy dissident's" home by the government is possible under the
circumstances and in the manner as the hypothetical.




-----Original Message-----
From: Mahesh T. Pai [mailto:paivakil@vsnl.net] On Behalf Of Mahesh T. Pai
Sent: Tuesday, July 06, 2004 2:36 AM
To: license-discuss@opensource.org
Subject: Re: the provide, license verbs

Sorry for the late reply.

Rod Dixon, J.D., LL.M. said on Wed, Jun 09, 2004 at 06:09:00PM -0400,:

 > private and personal  use. Who would bring such  a lawsuit, and how
 > would the suit get past a motion to dismiss?

How about a dictatorship?

Consider a tech-savvy dissident, who modified his legally acquired
copy of software. 

The typical, contractual, acceptance-required _license_ does not allow
him to  do that  though. The dictatorship  raids the  dissident's den,
finds nothing  incriminating; his  hard disk is  clean ...  except for
this modification prevented by the EULA. 

The  Dictator  can  hand  over  the  dissident  to  the  BSA  (or  its
equivalent),  who  will   initiate  proceedings  for  infringement  of
copyright.

 > Rod

 > >> Do you say the law prevents me from taking a legal copy of a
copyrighted
 > >> work, which is a program, and privately modifying that program for my 
 > own use?
 > >
 > >John Cowan says yes:
 > >  http://linuxmafia.com/~rick/faq/modifications
 > >Dan Bernstein says no:
 > >  http://cr.yp.to/softwarelaw.html


-- 
         Mahesh T. Pai    <<>>   http://paivakil.port5.com
Distribute Free Software -- Help stamp out Software Hoarding!
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