[Fwd: [gnu.org #220719] Re: python and gpl]

[Tim Churches]

Richard Brodie wrote:

>"Tim Churches" <tchur at optushome.com.au> wrote in message
>news:mailman.1861.1107484943.22381.python-list at python.org...
>
>  
>
>>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:

***************************


      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.
***************************

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