From: Alexander Terekhov (terekhov_at_[hidden])
Date: 2004-07-30 14:42:33
Falk Hueffner wrote:
> Alexander Terekhov <terekhov_at_[hidden]> writes:
> > Falk Hueffner wrote:
> >> Hi,
> >> the boost license (http://www.boost.org/LICENSE_1_0.txt) does not
> >> allow redistributing modified versions. Is that intentional or an
> >> oversight?
> > I also thought that this is a bug. Boost's lawyer(s) got it right.
> > No "redistribution" permission needed. It's all in the 17 USC 109.
> I don't see that in the text. Can you point to the specific part?
---- Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. ---- Derivative work is a "work". "Copies" are material objects. "Works" are the things fixed in a "copy". You can't prepare a derivative work without fixing it and creating a "copy". 17 USC 109 grants you the right to distribute lawfully made "copies" owned by you (including copies made by you with the copyright owner's authorization [Boost license] or under one or more exception(s) in the Copyright Act). In the Committee Report that accompanied the passage of the Copyright Act of 1976 (House Report 94-1976), there is this explaination: ---- To come within the scope of section 109(a), a copy or phonorecord must have been "lawfully made under this title," though not necessarily with the copyright owner's authorization. For example, any resale of an illegally "pirated" phonorecord would be an infringement, but the disposition of a phonorecord legally made under the compulsory licensing provisions of section 115 would not. ---- > > Anyway, even if it follows from some law text, why is redistribution > of unmodified copies then allowed explicitely? It doesn't need to be allowed explicitly (in addition to the reproduction right grant). You can violate the distribution right only with illegal/unlawful/pirated copies (not made by you; otherwise, if you make and distribute unauthorized copies, it's infringement of both reproduction and distribution rights). That's how I understand it. IANALBIPOOTN. regards, alexander.
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