[svlug] Re: Business GPL concerns

[Karsten M. Self]

on Mon, Apr 30, 2001 at 01:40:48PM -0700, Rick Moen (rick at linuxmafia.com) wrote:
> begin  Karsten M. Self quotation:
> 
> > Not likely.  The software itself is not being distributed, only the
> > results of its execution.  17 USC addresses "public display" or
> > "performance" of an audiovisual work, and it's possible that this right
> > could be applied to the GPL.
> 
> That would be really a stretch.  17 USC 101 has:  
> 
>    'Audiovisual works'' are works that consist of a series of 
>    related images which are intrinsically intended to be shown by 
>    the use of machines, or devices such as projectors, viewers, or 
>    electronic equipment, together with accompanying sounds, if any, 
>    regardless of the nature of the material objects, such as films 
>    or tapes, in which the works are embodied. 
> 
> Good luck arguing that this encompasses computer programs.

I've had it suggested to me by several IP lawyers that software
displays, particularly GUI displays, would meet this definition.
Website displays might as well.

-- 
Karsten M. Self <kmself at ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org
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