3 ms·

They actually say it's copyright infringement to copy a program into RAM to run it. Thanks to incredibly idiotic rulings like MAI v Peak, it pretty much is.

tzs 16y ago
What is idiotic about MAI vs. Peak?
- orangecat 16y ago
  The idea that loading a program into RAM for the purpose of executing it counts as a "copy" is as silly as the idea that you copy a book by reading it since its information is transmitted to your optic nerve and memory.
  - tzs 16y ago
    17 USC 101 defines copies thusly: “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed. and defines "fixed" as: A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. I don't see how the court could have NOT found that a program in RAM is a copy. It's fixed. It can be perceived, reproduced, or otherwise communicated from RAM. It would be possible to change the law to make it so that loading a program into RAM is not a copy, but then you'd have to have some kind of unnatural definition of copy. It makes far more sense to recognized a program in RAM as a copy and then make it so that copy is not an infringing copy (and that would be 17 USC 117, which says it is not infringement for the owner of a particular copy of a program to copy it to RAM to run the program).
    - chc 16y ago
      The code in RAM is transitory — more so than the brain-copy in a person with eidetic memory. Unless we're talking about RAM disks, its whole purpose is to be a transient, noncanonical representation of the actual on-disk program.
      - tzs 16y ago
        At the moment, some of the programs have been in RAM on one of my systems for 156 days. How long does something have to be around before you would consider it non-transitory?

tzs 16y ago

What is idiotic about MAI vs. Peak?

orangecat 16y ago
The idea that loading a program into RAM for the purpose of executing it counts as a "copy" is as silly as the idea that you copy a book by reading it since its information is transmitted to your optic nerve and memory.
- tzs 16y ago
  17 USC 101 defines copies thusly: “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed. and defines "fixed" as: A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. I don't see how the court could have NOT found that a program in RAM is a copy. It's fixed. It can be perceived, reproduced, or otherwise communicated from RAM. It would be possible to change the law to make it so that loading a program into RAM is not a copy, but then you'd have to have some kind of unnatural definition of copy. It makes far more sense to recognized a program in RAM as a copy and then make it so that copy is not an infringing copy (and that would be 17 USC 117, which says it is not infringement for the owner of a particular copy of a program to copy it to RAM to run the program).
  - chc 16y ago
    The code in RAM is transitory — more so than the brain-copy in a person with eidetic memory. Unless we're talking about RAM disks, its whole purpose is to be a transient, noncanonical representation of the actual on-disk program.
    - tzs 16y ago
      At the moment, some of the programs have been in RAM on one of my systems for 156 days. How long does something have to be around before you would consider it non-transitory?