[cc-community] public performance and GPL

Anthony osm at inbox.org
Tue Jan 10 21:30:30 EST 2012


On Tue, Jan 10, 2012 at 9:23 PM, Richard Fontana <rfontana at redhat.com> wrote:
> On Tue, Jan 10, 2012 at 08:53:48PM -0500, Anthony wrote:
>> Regarding the definition of "convey", I'd think that would include
>> radio broadcasts.
>
> I suppose that's justifiable but FWIW not what was intended by the
> definition of 'convey' (which however was written only with software
> in mind).

Are you sure about that?  Surely if I broadcast a binary via radio
waves I'm required to also broadcast the source.

> I wasn't thinking of public performance via digital audio
> transmissions. You can limit my comments to the case of a human
> singing a song in public physical place containing the human
> listeners.

Well, I still don't think you're correct (see the question about "the
guy in the corner recording the performance on his video camera").

And I certainly meant to include radio broadcasts, including digital
radio broadcasts (XM satellite, HD radio).

> I believe both versions of the GPL do "cover" (despite what GPLv2
> says) public performance and public display in the sense that the
> licensor is effectively giving an unrestricted license to do those
> activities (except to the extent that engaging in those activities
> then secondarily triggers other provisions of the license). You can
> reasonably argue that the licenses aren't drafted well in this regard.

I'm not, because I think it's absolutely crystal clear that *if*
public performance and public display *of the work* is allowed, then
it must follow the rules for conveyed copies.

Publicly performing or publicly displaying *the output produced by
running the program*, on the other hand, is unrestricted.


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