Messages in this thread | | | From | "David Schwartz" <> | Subject | RE: possible GPL violation by Free | Date | Sun, 10 Oct 2004 19:06:22 -0700 |
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> If I remember correctly my contract, after 36 months, I become the owner > of the freebox. The argument about renting does not seem to hold, > anyway.
In the United States, it is illegal to rent computer software without the copyright holder's permission. Arguments such as, "I'm selling/renting the computer/hard drive, the software just happens to be on it" don't generally impress the courts.
In any event, it seems pretty obvious to me that renting a physical medium that contains an encoded copyrighted work is a form of distribution of that work. The operation of that physical device is as much a derived work of the copyrighted work as the visual/audio experience of seeing a play is a derived work of the script for the play.
In other words, I don't think any court or lawyer would find the "we're renting the computer, not distributing the software that comes with it and is required for its operation" to be persuasive. IANL, YMMV.
DS
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