Subject: Re: DRM-incompatible licenses
From: "Stephen J. Turnbull" <>
Date: Tue, 18 Apr 2006 04:04:46 +0900

>>>>> "Pedro" == Pedro de Medeiros <> writes:

    Pedro> If you send copies only to your friends, it could still be
    Pedro> considered legal (just like lending a book would be).

Not in the U.S., and not in Japan.  I believe that most countries
(like Brazil) permit making archival/backup copies.  However, in those
two countries, only if at most one copy can be in use at a given time.
Similarly, most proprietary EULAs permit transferring your copy, but
that means transferring any backup copies and manuals at the same
time, and remove it from your hard drive, etc.

    Pedro> But if you put it in the internet for anyone to see and
    Pedro> download, then they might find it and charge you. They sue
    Pedro> the one that bought it and is illegally distributing it,
    Pedro> not the people that downloaded it free of charge (at least,
    Pedro> that is how I see it).

That depends.  If a group of such downloaders congregate in a single
place (such as a company, or in an infamous case involving the Disney
company, a kindergarten), then they are likely to go after them.

Note that the risk to individuals is not small, at least in the U.S.
Even inadvertent infringement is subject to minimum statutory damages
of US$750 per infringement (unless you go to the trouble of proving
that you shouldn't have been expected to know that copying was an
infringement, an expensive and embarrassing process in itself---which
might get the damages reduced to US$200).  Furthermore, the amount is
at the discretion of the court (maximum $30,000 if you admit the
infringement, and up to $150,000 if you force the plantiff to prove
that you infringed), and multiple copies are not likely to be treated
to a discount....

Graduate School of Systems and Information Engineering   University of Tsukuba        Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
        Economics of Information Communication and Computation Systems
          Experimental Economics, Microeconomic Theory, Game Theory