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- Newsgroups: misc.legal.computing
- Path: sparky!uunet!psinntp!panix!oppedahl
- From: oppedahl@panix.com (Carl Oppedahl)
- Subject: Re: CD-ROM Copyright Questions
- Message-ID: <1992Dec27.213836.19793@panix.com>
- Date: Sun, 27 Dec 1992 21:38:36 GMT
- Distribution: misc.legal.questions
- References: <BzxEAB.7Ap@csn.org>
- Organization: PANIX Public Access Unix, NYC
- Lines: 62
-
- In <BzxEAB.7Ap@csn.org> brucem@teal.csn.org (Bruce Makinen) writes:
-
- >Greetings all -- hope you had a happy holiday. Now, on to
- >my question.
-
- >We would like to take information available from a CD, and re-index
- >it for use on a LAN Database system. We're thinking about using
- >reference books and that kind of thing. My question is, is this in
- >violation of the copyright of the disk? If so, is it possible to buy
- >a site license for the disk so it can be used in this type of setup?
- >I suspect that it would be a copyright violation, I'm just make sure.
-
- >Any help or other suggestions would be appreciated. I don't want to
- >start a debate about copyright -- we really are going to try to do
- >this nice and legal. E-mail or post, either way I'll find it. Thanks.
-
- I don't mean to be critical of MR. Makinen here. I apologize ahead
- of time.
-
- We have had numerous posts in this and other usenet groups where someone
- says something of the following form:
-
- "I have here X (where X is a copyrighted work) which I bought fair
- and square. I would like to do Y (where Y is different from going
- back to the store and buying another copy). Will it be a copyright
- violation?"
-
- Diligent readers will note that the answer is always the same: read
- the license. The publishers of these things always include a
- license document setting forth what they say you can do. It is
- also sensible, where the document is not clear, to write to the
- publisher to ask for interpretation.
-
- Time to put on the flame suit, I suppose.
-
- Yes, I know, some courts have found some shrink-wrap copyright
- licenses uninforceable (and I point out that others have enforced them.)
- Yes, I know there is such a thing as "fair use". But it is virtually
- guaranteed that no question posted here falls within a tehcnological
- area where courts have worked out what is "fair use" and what is not.
-
- But, please, the general answer should be "read the license".
-
- So here the poster should have said something like:
-
- I bought X. I want to do Y. The license says I cannot do Z.
- Does Y fall within Z?
-
- Why can't our posters post the relevant license agreement language
- so we know what is being talked about?
-
- Again, apologies to the person posting here. It is only that your
- comment was the unlucky one to unleash all this.
-
- Carl Oppedahl
- n
-
- --
- Carl Oppedahl AA2KW (intellectual property lawyer)
- 30 Rockefeller Plaza
- New York, NY 10112-0228
- voice 212-408-2578 fax 212-765-2519
-