From: "David Schwartz" <davids@webmaster.com>
To: "Xavier Bestel" <xavier.bestel@free.fr>
Cc: "Linux Kernel" <linux-kernel@vger.kernel.org>
Subject: RE: BK kernel workflow
Date: Thu, 28 Oct 2004 12:25:32 -0700
Message-ID: <MDEHLPKNGKAHNMBLJOLKKEPBPFAA.davids@webmaster.com>
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> Since you haven't paid for the product, copyright law applies and
> that's quite different than contract law.  You get a certain set
> of rights, which vary worldwide, when you buy something.  Copyright
> is far more restrictive.
>
> "Fair use" != "reverse engineering" in any venue so far as I know.
>
> As always, IANAL, so contact yours for clarification.

	As I understand the law, at least in the United States, you have the exact
same rights whether you buy the product or get it for free, so long as you
acquire it legally. This includes the right to use the product as it is
normally used. Otherwise, I could write a poem, put it up on billboards, and
then try to sue everyone whose eyes passed over it. This is legally
enshrined in the doctrine of "first sale", which despite its name applies to
any legal acquisition.

	It's not clear whether shrink wrap or other licenses can reduce this basic
right to use that which one lawfully acquires. Some have pointed to various
cases (such as ProCD v. Zeidenberg), but all the cases I have seen have
differed from the shrinkwrap/copyright issue in at least one key respect.

	DS


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