Has 1984 arrived in your mind, Kurt? (I am sure you must have read 1984 by
George Orwell)
: Bruce Chambers wrote:
: > Anthony wrote:
: >> lol those mvp's must be burnnning up over this
: >>
: >
: >
: > Why? We've grown quite used to the troll's having to resort to
: > juvenile name-calling for quite some time. (He's long ago proven he's
: > incapable of carrying on a rational discussion.) We just consider the
: > source.
:
: LOL! When I respond to you rationally, you don't reply, you only seem
: to respond to the name-calling. Hell, it was the name-calling that got
: me out of your killfile after a couple of years in it.
:
: Here is a very rational one you left unanswered recently:
:
:
: Title 17 Chapter 1 Section 117: Limitation on Exclusive Rights:
: Computer Programs
:
: In Copyright law "Exclusive Rights" mean the copyright owners rights.
: The main gist of Section 117 is to LIMIT the "Exclusive Rights" of the
: copyright owner!
:
: Then Section 117 (a) is titled:
:
: "Making of Additional Copy or Adaptation by Owner of Copy."
:
: Adaptation - the process or state of changing to fit new circumstances
: or conditions, or the resulting change.
:
: And that's pretty much describes the act of installation software from a
: CD to a computer. And Do I really have to define what ADDITIONAL
: means?!
:
: For you, I guess I do, that would mean additional to the original
: adaptation or as I say installation.
:
: Section 117 (a) continues:
:
: "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"
:
: It is "NOT AN INFRINGEMENT" to make "ANOTHER COPY OR ADAPTATION." Can
: you say it means anything about only one copy?
:
: Now Section 117 gives 2 different condition when it making "another copy
: or adaptation" is "not an infringement" on the exclusive rights of the
: Computer Program Copyright Owner.
:
: These conditions are stated as "(1) . . . . OR . . . . (2)", not (1) AND
: (2). Do you know and understand the difference between the two
: statements?
:
: (1) AND (2) means that both conditions must be met in order that making
: an "ANOTHER copy or adaptation" is "not an infringement."
:
: "(1) . . . . OR . . . . (2)" means that only one of these conditions
: need to be met in order that making an "ANOTHER copy or adaptation" is
: "not an infringement."
:
: Do you understand so far?
:
: Condition (2) is fairly simple to understand, as it says you can make
: backups, and has little bearing on using "ANOTHER copy or adaptation."
: Do you agree?
:
: Condition (1) is a little more complicated so first I'll quote it first
: in conjuction with part (a), and then break it down into what I believe
: it means.
:
: ". . . . 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 . . . . 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 . . .
: ."
:
: See all I did was removed "(a)" and "(1)" and the "or" at the end.
:
: ". . . . that such a new copy or adaptation . . . ."
:
: "New" refers to the "additional" or "another copy or adaptation"
: from part (a).
:
: ". . . . is created as an essential step . . . ."
:
: In my interpretation I say " is made as a necessary step"
:
: created - to produce something as a result, or make something happen
:
: essential - necessary: of the highest importance for achieving something
:
: See so far how my "interpretation is going, using the definitions to put
: the law into laymans terms?
:
: ". . . . in the utilization of the computer program . . . ."
:
: or as I say in my "interpretation:"
:
: ". . . . in making use of the software . . . ."
:
: Are you willing to give me that "computer program" means "software?"
:
: utilization - make use of something: to make use of or find a practical
: use for something.
:
: So far I'm twisting nothing, am I?
:
: ". . . . in conjunction with . . . . "
:
: or as I say in my "interpretation:"
:
: ". . . . together with . . . ."
:
: in conjunction with - together with or combined with something
:
: Now we come to the hard part, the difference between "a" and "the"
:
: the - CORE MEANING: an adjective, the definite article, used before
: somebody or something that has already been mentioned or identified, or
: something that is understood by both the speaker and hearer, as distinct
: from "a" or "an"
:
:
: a - CORE MEANING: the indefinite article, used before a singular
: countable noun to refer to one person or thing not previously known or
: specified, in contrast with "the," referring to somebody or something
: known to the listener.
:
: ". . . . a machine . . . ."
:
: Had the writers of this law had the intention that this "new copy or
: adaptation" could only be used "in conjunction with" the computer with
: the original adaption, then they would have written "THE machince," but
: they didn't. They purposefully wrote "a machine," a thing not
: previously known or specified.
:
: So that's where I get my "interpretation" of "a machine" meaning:
:
: ". . . . a previously unknown computer . . . ."
:
: Then part (1) ends with:
:
: ". . . . and that it is used in no other manner . . . ."
:
: Which I use word for word in my interpretation.
:
: So let's put it all together, and put the law and my "interpretation" up
: side by side.
:
: First the law again:
:
: ". . . . 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 . . . . 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 . . .
: ."
:
: Now my "interpretation:"
:
: ". . . . Making of Additional Installation by the Owner of a Copy of
: Software. - It is not infringement for the owner of a copy of software
: to make another installation provided . . . . that such a new
: installation is made as a necessary step in making use of the software
: together with a previously unknown computer and that it is used in no
: other manner . . . ."
:
: So you see, Section 117 (a) says absolutely nothing about using software
: on only one computer, or protecting the exclusive rights of the
: copyright owner over that of the owner of a copy of software. Section
: 117 (a) is a "Limitations on [the] exclusive rights" of the copyright
: owner, and is a protection for "the owner of a copy of a computer
: program"
: from being sued by the copyright owner for "infringement" for making
: "another copy or adaptation" for use on a non-specific computer, and
: says ABSOLUTELY nothing about limiting all adaptations to the same
: computer.
:
:
: Now let's see you describe, in as minute detail as I have, how Section
: 117 limits software to being installed on only one computer at any given
: time, Bruce. My guess is that you either won't reply, or you will try
: to blow it off in a sentence or two that will distort the meaning of
: what is actually written in Section 117.
:
: And as anyone, with an open mind can see, I distort nothing in my
: interpretation of Section 117, and I have a reasonable explanation for
: everything I believe it means.
:
: --
: Peace!
: Kurt
: Self-anointed Moderator
: microscum.pubic.windowsexp.gonorrhea
:
http://microscum.com
: "Trustworthy Computing" is only another example of an Oxymoron!
: "Produkt-Aktivierung macht frei"
:
: