Richard Brodie wrote:
"Tim Churches" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED]
1) In Australia and Europe at least, loading program code from disc into memory in
order to execute it is not considered as making an infringing copy under copyright law.
I don't think it's as clear cut as that. Sony won their modchip case in Britain
for exactly that reason. They lost in Australia and elsewhere in Europe.
In Australia, the following law applies:
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COPYRIGHT ACT 1968 (as amended by the Copyright Amendment Act 2000) - SECT 47B
*Reproduction for normal use or study of computer programs*
(1) Subject to subsection (2), the copyright <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> in a literary work <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s189.html#literary_work> that is a computer program <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47ab.html#computer_program> is not infringed by the making of a reproduction <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47b.html#reproduction> of the work <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s189.html#work> if:
(a) the reproduction <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47b.html#reproduction> is incidentally and automatically made as part of the technical process of running a copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> of the program for the purposes for which the program was designed; and
(b) the running of the copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> is done by, or on behalf of, the owner or licensee of the copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy>.
(2) Subsection (1) does not apply to the making of a reproduction <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47b.html#reproduction> of a computer program <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47ab.html#computer_program>:
(a) from an infringing copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#infringing_copy> of the computer <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47ab.html#computer_program> program <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47ab.html#computer_program>; or
(b) contrary to an express direction <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s248a.html#direct> or licence <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s136.html#licence> given by, or on behalf of, the owner of the copyright <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> in the computer program <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47ab.html#computer_program> to the owner or licensee of the copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> from which the reproduction <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s47b.html#reproduction> is made when the owner or licensee of that copy <http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s10.html#copy> acquired it.
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Can't get much clearer than that. Furthermore, I see no express directions or other provisions in the GPL which would invoke section 47(2). Indeed, the GPL says: "The act of running the Program is not restricted".
Tim C
-- http://mail.python.org/mailman/listinfo/python-list
