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Author Topic: Some importatn questions  (Read 704 times)

Copyrigtman

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Some importatn questions
« on: 11-19-16 at 09:50 am »

1) Very often happens (in most cases) when I download something from net that does not have any formal license agreement. In this case does applied default, state's law of copyright (I can use it, but I'm not allowed to copy to others and I may make one back-up copy), or I do not have any rights to use, not to copy or anything to do with this software because there is no permission of the author. Be informed that the software is placed in a public link, or put a button labeled DOWNLOAD.

2) If example a film made in America, their production, easier- Made in USA but because their law producer forgot to put a label copyright 1960 on that film, it became in the public domain and if I as citizen of European Union country get that film and copy, but according to our law something becomes in the public domain after 70 years from the death of the author, this film couldn't be in public domain. Which law will be entitled to apply due to the conflict, and even criminally, because I do piracy, according to my law but US's law gave to me free to copy it and do with it what I want?

3) The contract states' Unless expressly and unambiguously permitted by this Agreement, Licensee shall not, nor allow others, directly or indirectly: (i) modify the Software; (Ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except in the case where the above required by applicable law, and only to the extent that this is allowed); or (iii) rent, lease ... ''
Now what I want to know.Contract recited what not to do.
Nowhere is mentioned redistribution (the copying of software).
Legally, by default, the program may not be copied, unless the contract provides otherwise.
If the contract says what should not to do, and redistribution is not mentioned like something is forrbiden. Can I to redistribute the program or not?

Regards
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artchain

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Re: Some importatn questions
« Reply #1 on: 11-19-16 at 12:13 pm »

1) Very often happens (in most cases) when I download something from net that does not have any formal license agreement. In this case does applied default, state's law of copyright (I can use it, but I'm not allowed to copy to others and I may make one back-up copy), or I do not have any rights to use, not to copy or anything to do with this software because there is no permission of the author. Be informed that the software is placed in a public link, or put a button labeled DOWNLOAD.

Even if it is distributed for free, with a simple DOWNLOAD button, it doesn't change the copyright laws.  If the author wanted to allow you to redistribute the program, the author would need to GRANT that right. 

2) If example a film made in America, their production, easier- Made in USA but because their law producer forgot to put a label copyright 1960 on that film, it became in the public domain and if I as citizen of European Union country get that film and copy, but according to our law something becomes in the public domain after 70 years from the death of the author, this film couldn't be in public domain. Which law will be entitled to apply due to the conflict, and even criminally, because I do piracy, according to my law but US's law gave to me free to copy it and do with it what I want?

You are governed by the laws of the nation that you are in.

3) The contract states' Unless expressly and unambiguously permitted by this Agreement, Licensee shall not, nor allow others, directly or indirectly: (i) modify the Software; (Ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except in the case where the above required by applicable law, and only to the extent that this is allowed); or (iii) rent, lease ... ''
Now what I want to know.Contract recited what not to do.
Nowhere is mentioned redistribution (the copying of software).
Legally, by default, the program may not be copied, unless the contract provides otherwise.
If the contract says what should not to do, and redistribution is not mentioned like something is forrbiden. Can I to redistribute the program or not?

The copyright laws still apply.  The contract has ADDED restrictions, but that doesn't CHANGE the restrictions that already apply under copyright law.  Just as with your question (1), and the author wanted to give you permission to redistribute the work, he would need to explicitly GRANT that permission in the contract.


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