Subject: Re: For Approval: Educational Community License
From: Arnoud Engelfriet <galactus@stack.nl>
Date: Mon, 30 Aug 2004 22:57:44 +0200

Russell Nelson wrote:
> Wheeler, Bradley C. writes:
>  > By obtaining, using
>  > and/or copying this Original Work, you agree that you have read,
>  > understand, and will comply with the following terms and conditions of
>  > the Educational Community License: [2. Source Code is Provided]
> 
>  > Permission to use, copy, modify, merge, publish, distribute, and
>  > sublicense this Original Work and its documentation, with or without
>  > modification, for any purpose, and without fee or royalty to the
>  > copyright holder(s) is hereby granted,
> 
> We don't approve licenses that put restrictions on use.  Copyright law
> doesn't allow you to restrict the use to which someone puts a copy
> that they have lawfully received.  Only a contract can do that.  

Patent law can do it as well. "Make, use and sell" are the exclusive
rights. So perhaps you can consider a "use" permission to be a
patent license? It's not completely consistent with the reference
to "copyright holder" though.

In addition, there are jurisdictions where use _is_ an exclusive
right under copyright law. The EU 1991 Copyright Directive specifically
states that 

   Subject to the provisions of Articles 5 and 6, the exclusive rights of
   the rightholder within the meaning of Article 2, shall include the
   right to do or to authorize:
   (a) the permanent or temporary reproduction of a computer program by
   any means and in any form, in part or in whole. Insofar as loading,
   displaying, running, transmision or storage of the computer program
   necessitate such reproduction, such acts shall be subject to
   authorization by the rightholder;
<URL:http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!
CELEXnumdoc&lg=en&numdoc=31991L0250&model=guichett>

So I think that a "permission to use" under copyright law is 
necessary in EU member states.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/