Re: Re: Contrary to Morality - to control nonexclusive rights

From: John T. Mitchell <mitchell[_at_]interactionlaw.com>
Date: Tue, 11 Oct 2005 12:15:50 -0400


Re: Prohibition of "To operate the Multimedia Product commercially."

I see a distinction between a private performance (which may or may not be commercial,) and a public performance (which may or may not be commercial). The copyright owner has the exclusive right to authorize the public performances, but absolutely no right to prohibit the private ones, even if they are "commercial". If I let my sister play the game only if she does my chores, or only if she pays me 25 cents, it may be commercial, but it remains a private performance, and thus beyond the realm of the copyright.

John



John T. Mitchell
http://interactionlaw.com

On 10/7/05 4:25 PM, "Joseph Pietro Riolo" <josephpietrojeungriolo[_at_]gmail.com> wrote:

> On 10/6/05, Freya Anderson <freya_anderson[_at_]eed.state.ak.us> wrote:

>> 
>> I have no answer for your question, but I have another of my own.  Why would
>> anyone purchase this software if they're not allowed "to operate" it?  Am I
>> missing something here?

>
> The clause that starts with "To operate ..." is this:
>
> To operate the Multimedia Product commercially.
>
> "Multimedia Product" is defined as a game that I am going to install
> in my PC. In my case, it is Chessmaster 10th Edition.
>
>
> Joseph Pietro Riolo
> <josephpietrojeungriolo[_at_]gmail.com>
> <riolo[_at_]voicenet.com>
>
> Public domain notice: I put all of my expressions in this
> post in the public domain.
>
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Received on Tue Oct 11 2005 - 20:15:50 GMT

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