Re: Linux GPL and binary module exception clause?

From: Valdis . Kletnieks
Date: Fri Dec 05 2003 - 10:38:07 EST


On Fri, 05 Dec 2003 03:25:47 PST, David Schwartz <davids@xxxxxxxxxxxxx> said:

> So how is running the program infringement of a license that clearly sa
ys
> executing is unrestricted? How do you execute without copying into RAM?

The copy into RAM has its own exemption in 17 USC 117(a)(1):

Sec. 117. - Limitations on exclusive rights: Computer programs

(a) Making of Additional Copy or Adaptation by Owner of Copy. -
Notwithstanding the provisions of section 106, it is not an infringement for
the owner of a copy of a computer program to make or authorize the making of
another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the
utilization of the computer program in conjunction with a machine and that it
is used in no other manner, or

You're intentionally being obtuse. NOTHING IN THE GPL CONTROLS WHAT YOU DO
WITH IT ON YOUR MACHINE. You're *totally* free to write the most
non-GPL-compliant code and run it. What you're NOT allowed to do is then
DISTRIBUTE the resulting code to others.

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