[H-GEN] GPL question

[Trent WADDINGTON]

On Wed, 7 Jan 2004, David Starkoff wrote:

> 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.

You're the lawyer, so I guess I have to take your word for it.  Sounds
like a complete and utter bastardisation of the copyright system to me
(I'm not distributing the program, I'm running it) but hey, that's par for
the course right?  I'd make the claim that looking at a painting is
"copying" the painting into my brain so surely I'm not allowed to do that
without a license.  Looking and running, they're the same thing.  What if
I hook my harddrive up as my primary storage?  Sure, it will run *really*
slow but it'll run.  I am "copying" the program into the registers of the
cpu one instruction at a time (or more if I have cpu cache).  I thought
this whole "running is copying" argument had been thrown out on its ear
with the Sega vs Accolade case and widely recognised with the "incidental
copies" provisions of the DMCA and Digital Agenda acts, but hey, you're
the lawyer :)

Trent