[H-GEN] GPL question

[David Starkoff]

On 07/01/2004, at 1:57 PM, Trent Waddington wrote:

> Note that it doesn't say "run the program" as one of the actions 
> prohibited by law.. that's because it's not!  If licenses were ment to 
> prevent someone from running the software it would be called 
> "runright" or "useright".. it's not, it's called "copyright" and 
> that's all it restricts, the action of copying (be that distribution 
> or the creation of derivitive works).

Running a computer program necessarily involves making a copy of it, 
which is an exclusive right of the copyright owner.  Without specific 
statutory authorisation or a (possibly implied) licence, it is 
therefore not permitted by copyright law.  Microsoft Corp v Business 
Boost Pty Ltd, and its U.S. cousin MAI Systems v Peak, holds as much.  
That's (one reason) why copyright law is so pervasive in relation to 
computer programs.

This is even more so in countries like Australia that do not have a 
broad "fair use" provision like the U.S. has: 17 U.S.C. § 107, 
<http://www4.law.cornell.edu/uscode/17/107.html>.

David.