RJack
2010-02-21 18:25:11 UTC
I have a simple question. The United States Copyright Act, 17 USC sets
out what comprises copyright infringement:
"§ 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 122 or of the author as
provided in section 106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term “anyone” includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require such
owner to serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and shall
require that such notice be served upon any person whose interest is
likely to be affected by a decision in the case. The court may require
the joinder, and shall permit the intervention, of any person having or
claiming an interest in the copyright...".
How can someone infringe on another's copyrighted work without
violating one the specific exclusive rights as described in sections 106
through 122 and section 106(A)? The answer to this question could
resolve many disagreements among open source license debaters.
I can personally imagine no situation where the above quoted section
would a allow a charge of infringement without actually violating one of
the enumerated exclusive rights.
Sincerely,
Rjack :)
out what comprises copyright infringement:
"§ 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 122 or of the author as
provided in section 106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term “anyone” includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require such
owner to serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and shall
require that such notice be served upon any person whose interest is
likely to be affected by a decision in the case. The court may require
the joinder, and shall permit the intervention, of any person having or
claiming an interest in the copyright...".
How can someone infringe on another's copyrighted work without
violating one the specific exclusive rights as described in sections 106
through 122 and section 106(A)? The answer to this question could
resolve many disagreements among open source license debaters.
I can personally imagine no situation where the above quoted section
would a allow a charge of infringement without actually violating one of
the enumerated exclusive rights.
Sincerely,
Rjack :)