The "Death Penalty"...
Posted Mar 26, 2012 19:37 UTC (Mon) by rqosa
In reply to: The "Death Penalty"...
Parent article: Enforcing the GPL with Judo moves (The H)
> And I doubt you'll manage to convince Joe Average that it should be legal to download and use Windows for free from some warez site.
Even if that's true, it's still true that whether copyright infringement occurred here or not depends only on one thing: the site owner having permission to make and distribute the copy.
Now suppose that the software downloaded was not an unauthorized copy of Windows, but instead was something (e.g. a GPLed program) that the site owner had permission from the copyright holder to distribute (e.g. because the site owner obeys the terms of the GPL). Then it's perfectly clear that no copyright infringement (by either the site owner or the person who downloaded) occurred as a consequence of the download, and also that the person who downloaded the copy of the software has §117 rights over that copy.
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