Re: Licence to view source code.

Edward Barrow <edward[_at_]plato32.demon.co.uk> writes:
>

[Analysis of UK copyright of web pages]
> My questions:
> (a) would the above analysis apply in the US? If not what doctrines
> apply?

Yes but I'll let the US lawyers field this one.

> (b) would the above analysis apply in other jurisdictions (e.g. Civil
> Code droit d'auteur jurisdictions)? If not what doctrines apply?

I suspect though but I'll let others more qualified respond.

> (c) does the implied licence (or equivalent doctrine) extend to:
> i) viewing the document source code?

Assuming UK, Canadian, Australian and New Zealand law.

No additional copies need to be made to view the source other than the `fleeting' copy on the screen which is almost certainly not a further reproduction as it is not fixed in material form. Once the copy has been made under the implied licence (an authorised reproduction), then there has to be another right of the copyright holder breached (broadcast, diffusion, adaptation, further reproduction, performance) before the act of viewing can be infringement unless the licence allows reproduction on the condition that only particuilar things are done with the reproductions made.

This would involve a pretty complicated implied licence and I suspect the courts would opt for something simpler like a licence to reproduce for the purposes of viewing in the manner intended with no further restrictions.

> ii) printing the document?

It is unclear whether producing a printout is part of the implied licence. Since this facility has been available in browsers from very early on, I think there is a strong argument in favour of an implied licence to produce hard-copy for personal viewing purposes but I am not confident in predicting the outcome of a court decision on this matter.  

> [My answer to (c) i) and ii) in the UK would be 'probably not' but
> I'd be interested in others' opinions]

I would say yes for (i) with some restrictions and (ii) is too hard to call.

Tim Arnold-Moore, LL.B. (Melb)        | Multimedia Database Systems, RMIT  |
tja[_at_]mds.rmit.edu.au  B.Sc.(Hons Melb) | 723 Swanston St    -----------------
Tel: +61 3 9282 2487   Fax: ..2490    | Carlton 3053       |  simul iustus 
    http://www.mds.rmit.edu.au/People/Tja/tja.html         |   et peccator