[free-sklyarov] RE: [nylug-talk] pleeease arrange a mondayprotest.
Michael Kupershtein
misha2 at urbis.net.il
Mon Jul 23 02:34:24 PDT 2001
Seth Johnson wrote:
> Could you elaborate on the principle(s) they have in place in Russia
> that explain why they're so enlightened as to have made it actually
> illegal? Seth Johnson
Well, I'll do it instead. Section 15(2) of the Russian `Rights
protection of computer software and databases` Act states that:
(The translation was half-automatic, so it's not perfect, but it's
pretty good)
In accordance with the third paragraph of article 10 of the present Law,
a person who legally owns
a copy of a computer program or a database, has the right, without the
consent of the copyright owner
and without payment of an extra fee, to carry out the following actions:
1. To carry out adaptation of the computer program or a database;
2. To make a copy of the computer program or a database provided that
this copy of the program is
intended only for the archival purposes or (if the original computer
program or database
is lost, destroyed or became unsuitable for use) for replacement of
legally acquired copy.
However the copy of the computer program or a database can not be used
for other purposes and
should be destroyed in case further use of this computer program or a
database ceases to be lawful.
You can find the original at
http://www.compulenta.ru/addon/2001/7/20/16116/
As you can see, it is plainly said that archival copies may be made
without the copyright
owner's consent. Therefore any software/database distributor that does
not provide such a
possibility would be in violation of the law, since he'd infringe on the
RIGHT to make
archival copies. It could be said, then, that the existence of
Elcomsoft's software is the
only thing that keeps eBook Reader legal in Russia.
Ironic, isn't it?
Michael
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