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- Newsgroups: misc.legal.computing
- Path: sparky!uunet!spool.mu.edu!agate!dog.ee.lbl.gov!hellgate.utah.edu!csn!teal!bhayden
- From: bhayden@teal.csn.org (Bruce Hayden)
- Subject: Re: CD-ROM Copyright Questions
- Message-ID: <bhayden.725515950@teal>
- Sender: news@csn.org (news)
- Nntp-Posting-Host: teal.csn.org
- Organization: Colorado SuperNet, Inc.
- References: <BzxEAB.7Ap@csn.org> <1992Dec27.213836.19793@panix.com>
- Distribution: misc.legal.questions
- Date: Mon, 28 Dec 1992 04:12:30 GMT
- Lines: 43
-
- >>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.
-
- >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.)
-
- Carl - can you get me the cites for the cases where the shrink wrap
- "licenses" were upheld as licenses. My feelings on the subject are
- well known here.
-
- >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".
-
- Well, I come at it from a little different perspective, but get to
- essentially the same place. The main question is whether you are
- making a copy of the copyrighted work. Creating a new index to a
- copyrighted work is probably not creating a copy, so it might be
- ok. But - if you are creating a copy of the work (database), then
- you have to read the "license".
-
- Bruce E. Hayden
- (303) 758-8400
- bhayden@csn.org
-
-