Re: Windows 2000 Source Code File
From: Bill Unruh (unruh_at_string.physics.ubc.ca)
Date: 02/20/04
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Date: Fri, 20 Feb 2004 00:05:21 +0000 (UTC)
ptb@oboe.it.uc3m.es (P.T. Breuer) writes:
]John Hasler <john@dhh.gt.org> wrote:
]> P.T. Breuer writes:
]> > What if I only read it a page at a time over a web interface, and do not
]> > retain a copy of earlier pages as I move from one page to the next, just
]> > as my eyes do not retain the image of what they have seen earlier?
]>
]> Still copying.
That is very unclear legally. Clearly one is NOT copying when reading a book, even though
we know that there is an image of the page placed on the retina of the reader.
]I submit that I am reading it, and using an instrument to do so. What
]the instrument does internally is not subject to my scrutiny. It is a
]telescope.
]> > Each use that I make of the material is at most a page in extent (at a
]> > time), and seems to me to be fair use...
]>
]> It isn't.
I agree. Fair use is judged on the totality, not the individual bits. So use of each letter
of the article may be fair use, but when done together it is not.
]Hmm.
]> > ...as I might well want to read it, which is allowed.
]>
]> You might well want to read _The_ _Hunt_ _For_ _Red_ October_ too, but
]> making copies of it for that purpose is not allowed.
]My intent is to read the work, not to copy it. I am merely discussing
]ways to avoid accidentally copying it - according to the letter and
]spirit of the law - while reading it.
]> > True. But they may claim IP rights.
]>
]> You mean patent rights?
]No, I mean the nebulous IP stuff.
It is not nebulous. IP rights are copyright rights, patent rights or
trade secret rights. That is it.
]> The leak is irrelevant to those as they were
]> already disclosed in the patent.
copyright-- restricts only copying not use, and then only copying of the specific
form of expression. Ideas cannot be controlled by copyright.
patent-- controls the expression of techiques. Controls use as well. Must be made public
in the patent application.
trade secret-- controls revealing of secrets. If it is not secret it is not a trade secret.
It is incumbent on the holder to maintain the secret.
leaks have something to do onlywith trade secrets.
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