Michael Poole <[EMAIL PROTECTED]> writes: > Brian Thomas Sniffen writes: > >> The only way I know of to give a public performance of apache is to >> rent a hall and read the source code from the stage. Running the >> program is not a public performance. Why? Because performance of >> oratory, dance, puppetry, or music itself has creative expression. >> Yoko Ono and William Shatner each sing "Lucy in the Sky" rather >> differently from John and Paul. You *can't* sing an unmodified song. > > I hope you are being facetious about reading the source code from a > stage.
Yes. For example, reading it *without* stage is also public performance. > If not, I suggest you review the applicability of the limit on > public performance to things such as audio bitstreams over a network > and computer games installed on computers at Internet cafes. I disbelieve that, without agreeing to some EULA forbidding it, I am forbidden by copyright law to install a computer game in a public place. I might be wrong, but that sounds far enough out-there that I'd want to see references. On the other hand, I don't see how that's at all connected to the case in question: use of software by network service, and whether it's Free to require that source to such software be provided. -Brian -- Brian Sniffen [EMAIL PROTECTED]