Re: Licence to view source code.

From: <Greg.MacGowan[_at_]Law.UC.Edu>
Date: Wed, 7 May 1997 20:10:03 -0400

> Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
> > >
> > > My questions:
> > > [a and b deleted]
> > > (c) does the implied licence (or equivalent doctrine) extend to:
> > > i) viewing the document source code?
> > > ii) printing the document?
> > >
> > > [My answer to (c) i) and ii) in the UK would be 'probably not' but I'd
> > > be interested in others' opinions]
>
> Greg MacGowan <greg.macgowan[_at_]law.uc.edu> replied:
> >
> > With respect to (c) ii), I don't see a problem with printing the document
> > provided that the electronic copy is deleted.

Tim Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
>
> It is clear that a licence is given to reproduce the document in
> order to view a Web document using a browser. I would argue that it
> is also clear that any incidental reproductions necessary to view a
> Web document are also authorised (including reproductions in caches
> and proxy servers although there are members of this list who seem to
> disagree). It is less clear (but I think pretty safe) that a licence
> is also given to create a print-out for personal use (as opposed to
> further publication).

Yes, this was my thinking as well (although you have stated the case far better than I ever could!). To this I would add that by deleting the electronic file, there is still only one copy of the work, and that the printed copy is the first that is not of a transitory nature (this assumes that copies in RAM are not fixed. Hardly a safe assumption on my part). I will also grant you that I am taking a VERY broad view, perhaps unhealthily so, of implied license on the Internet.

I was more concerned with getting to (c) i) of Ed's question, and perhaps should have ignored (c) ii) completely. Se la vie.



Greg S. MacGowan
Center for Electronic Text in the Law (CETL) University of Cincinnati College of Law
Cincinnati, OH 45221-0142

phone: (513) 556-2334
fax: (513) 556-6265
Email: Greg.MacGowan[_at_]Law.UC.edu
http://www.law.uc.edu/CETL/gsm Received on Thu May 08 1997 - 00:11:44 GMT

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