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Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
Once again, major snipage. 8<
On Mon, 13 Jan 2003 14:12:08 -0800 (PST), johnzu wrote
> >On Fri, 10 Jan 2003 17:34:44 -0700, John Zulauf wrote
> >> Tim Neu wrote:
> >Ok, then consider someone who only understands french paying somone to
> >translate the book for them. Clearly this is a derivitive work. Yet it
> >would also not be copyright infringment unless the derivitive work (the
> >translation) were distributed. Is this correct?
> Let's see... would it pass the four part test. Yes. Then (based on
> the resasoning I have been using, it is not infringing.
Ah, but does it? If the publisher sold a french version of the book, then
they could claim it ecomomically impacts them the cost of their new, hardcover
French edition - right? In which case our translator is in trouble (prong 3
of the 4 part test, right?).
Your legality would depend on what products are available from the copyright
holder. Just like the same disk, without keyware - does transfer
ownership/authority and the keyware one does not. This illustrates how
arbitrary this line seems to be. It all boils down to the whim of the
> >They sell their software at zero price. A cracked version being available at
> >zero price is no change, correct?
> Actually they sell their "full version" software for some
> substantial non-zero price, on the order of the key cost for the
> keyware version. A zero cost working version would have substantial
> negative impact on that (the pesky 3rd leg of the 4 part test again).
Same with the French book. One might argue if the loss would be a
"substantial" effect if (as we agreed) the zero-cost work is not distributed.
Also, can someone who distributes their program at zero cost later effectively
claim that the "substantial" effect is not by their own hand?
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