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There is no implicit licence. This is an oft-circulated but fallacious rationalization made by computer people that is not in line with the law. The law does
by JdeBP 8y ago
There is no implicit licence. This is an oft-circulated but fallacious rationalization made by computer people that is not in line with the law.
The law does not recognize any such thing, and until the turn of the 21st century this was a recognized hole. Technically, the World Wide Web (and indeed other systems from FidoNet to SMTP) was a violation of many countries' copyright laws. Legislators fixed the hole, but not by introducing the idea of implicit licencing.
The EU introduced provisions in 2001, by way of a Directive, that the making of temporary transient copies for the likes of HTTP and other network transmission mechanisms to work was explicitly not copyright violation in the first place. This became Netherlands law in 2004, and U.K. law in 2003. Neither the Directive nor the implementing Acts and Instruments talk about licensing. It is simply not a violation of copyright by definition.
* https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32001L0029 https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32...
* https://www.ivir.nl/publicaties/download/RIDA2005_206.pdf https://www.ivir.nl/publicaties/download/RIDA2005_206.pdf
* http://wetten.overheid.nl/jci1.3:c:BWBR0001886&hoofdstuk=I¶graaf=5&artikel=13a&z=2018-10-11&g=2018-10-11 http://wetten.overheid.nl/jci1.3:c:BWBR0001886&hoofdstuk=I&p...
* https://www.legislation.gov.uk/uksi/2003/2498/regulation/8/made https://www.legislation.gov.uk/uksi/2003/2498/regulation/8/m...
* https://www.legislation.gov.uk/uksi/2003/2498/note/made https://www.legislation.gov.uk/uksi/2003/2498/note/made
- dahart 8y ago> There is no implicit license. This is an oft-circulated but fallacious rationalization There is implicit copyright, I assume that’s what the parent comment was referring to. In the US, it is automatically illegal to copy something and redistribute it under copyright law [1]. The same is true in the EU [2]. While copyrights are not licenses, the parent comment is correct in the sense that one does not have a license to distribute copied content until one is granted that license explicitly by the copyright holder. https://www.copyright.gov/help/faq/faq-general.html#register https://www.copyright.gov/help/faq/faq-general.html#register https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/div/FAQs%20on%20Copyright,%20Summary%20Report%20January%202017.pdf https://euipo.europa.eu/tunnel-web/secure/webdav/guest/docum...
- JdeBP 8y agoYou and xe were both quite clearly talking about implicit licences.
- dragonwriter 8y ago> There is no implicit licence. This is an oft-circulated but fallacious rationalization made by computer people that is not in line with the law. > The law does not recognize any such thing Okay, so you said it three times, but it doesn't make it true. Implied license is a real legal doctrine in both the general law of licenses and copyright in particular, at least in the US. See, just for a random case incorporating this doctrine, Effects Associates, Inc. v. Cohen, 908 F.2d 555, 9th. Cir. (1990) https://m.openjurist.org/908/f2d/555/effects-associates-inc-v-cohen https://m.openjurist.org/908/f2d/555/effects-associates-inc-...
- JdeBP 8y agoThe law concerned, in this case of a (purportedly) Russian citizen using EU-located servers to serve WWW pages to people in the EU, is not U.S. law. You have made this further error twice, now.