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Exactly...
When you listen to a music CD or view the MPEG-2 compressed movie encoded on a DVD, you certainly do create incidental copies in the memory of the decoder or player. One could certainly argue that the video or audio data consists of the software instructions that tell the player how to reconstruct the encoded music or image. But most (not all) people agree that there is no "license to view/listen" music and video.

I believe that incidental copies of software created under regular use-- including regular installation on a hard disk drive and non-fixated copies in RAM-- will be or should be considered fair use. But as mentioned, this is in fact not codified, and thus here lies the controversy. Hopefully, one day there will be a formal declaration in the law that incidental copies in memory and storage devices created through the regular use of software is lawful-- although IMHO such a declaration should theoretically not be necessary in the first place.

Cheers!
Posted by: Root User   Posted on: 04/23/04 You are currently: a Guest | Members login | Terms of Use
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Eben Moglen's Speech for Harvard Journal of Law & Technology  David Mohring | 04/22/04
Nice link!  Peter Komisar | 04/23/04
GPL has been through a lot of review  Chad_z | 04/22/04
GPL gains clout in German legal case  Loverock Davidson | 04/22/04
I have an idea!!!  Martin Marvinski | 04/22/04
I have an idea!!!  Loverock Davidson | 04/23/04
Re: GPL gains clout in German legal case  none none | 04/22/04
Prevents too much branching  CobraA1 | 04/22/04
You can use GPL programs in a commercial product...  rinaldo | 04/23/04
They have a pretty broad definition . . .  CobraA1 | 04/24/04
Why don't you put some substance  IT_User | 04/23/04
Ok...  bchesmer | 04/23/04
Sorry but I don't see it.  No_Ax_to_Grind | 04/23/04
huh  Daxx | 04/23/04
Don't use GPL software then...  rinaldo | 04/23/04
re gpl  Llandros Loressin | 04/23/04
Who cares Germany is closer to 3rd world  Enterprise Analyst | 04/23/04
In what? And who called it that?  FirstNLastN | 04/23/04
3rd World????  bchesmer | 04/23/04
Ford GT kicks BMW or Mercedes rear ends big time  voska | 04/24/04
Can't pass this one up...  Linux User 147560 | 04/23/04
I beg to differ on the Car quailty  voska | 04/24/04
Okay here...  Linux User 147560 | 04/24/04
Sure, keep thinking that....  boomslang_z | 04/25/04
Re: Germany  casimirartmann | 04/26/04
gpl like a spit hand shake  V Sanders | 04/23/04
Someone has been watching to much "Deadwood" on TV.  No_Ax_to_Grind | 04/23/04
Good for software licensing.  No_Ax_to_Grind | 04/23/04
Don't confuse GPL with EULA  Yagotta B. Kidding | 04/23/04
You are the one confused I think.  No_Ax_to_Grind | 04/23/04
Someone's confused  none none | 04/23/04
Nic cherry picking.  No_Ax_to_Grind | 04/24/04
Re: Nic cherry picking.  none none | 04/24/04
I see your point.  No_Ax_to_Grind | 04/24/04
Re: I see your point.  none none | 04/24/04
Licensing copyright, not "seats"  Robert Crocker | 04/23/04
Yes, sort of, and maybe.  No_Ax_to_Grind | 04/23/04
GPL is not an EULA  Root User | 04/23/04
Re: GPL is not an EULA  none none | 04/23/04
Exactly...  Root User | 04/23/04
Has been spelled out  azurensis | 04/27/04
The ONLY difference is the terms.  No_Ax_to_Grind | 04/24/04
you are getting into an interpretive issue.  B.O.F.H. | 04/24/04
What in the world are you talking about?  No_Ax_to_Grind | 04/24/04
Re: What in the world are you talking about?  none none | 04/24/04
Seems this court disagree's with you.  No_Ax_to_Grind | 04/24/04
Just an FYI  No_Ax_to_Grind | 04/24/04
Absolutely...  John L. Ries | 09/17/04
The terms are the terms.  No_Ax_to_Grind | 04/23/04
Re: The terms are the terms.  none none | 04/23/04
Not really true.  No_Ax_to_Grind | 04/24/04
Re: Not really true.  none none | 04/24/04
That is true of any software. Nothing special about the GPL.  No_Ax_to_Grind | 04/24/04
Re: That is true of any software. Nothing special about the GPL.  none none | 04/24/04
Sounds just like MS EULA's.  No_Ax_to_Grind | 04/24/04
I'm really tired of hearing about "strategy"  John L. Ries | 09/17/04

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