Re: Questions about Copyright
Skyshr wrote:hi, I would like to know if the following actions has infringed copyright?
1) A person downloaded a freeware and put it on his own web site for others to download
2) A person included a freeware on a CD-ROM and sold it for money.
It all depends on the nature of the freeware copyright. If the author of the freeware has copyrighted it, but has given an unlimited license to anyone who downloads it, then the examples that you cite would not be infringement. If the license is limited (if, e.g., the downloader/user must agree to certain restrictions before using the software), then it would all depend on the nature of that license.
Skyshr wrote:3) A person downloaded a picture from the Internet and set it as wall paper in his PC
Assuming that the picture is copyrighted, using it as a wallpaper may be deemed fair use or it may be an infringement. I would tend to lean toward saying it's fair use, but I'd want to know more details.
Skyshr wrote:4) A person received an interesting email and forwarded it to friends without modification
I think much would depend on the author's intentions. Was it a private e-mail that was sent to only one recipient, or was it one of those e-mails that is sent to a bunch of recipients, with the understanding that the recipients would also be free to forward it on?
Skyshr wrote:5) A person has purchased a commercial office suite which requires that only one user can use the software at the same time. The person uninstalled the software from his desktop computer and installed it in his notebook computer
Typically, purchasers are entitled to make an archival (backup) copy of software. Whether the copy on the notebook qualifies as an archival copy or as an unauthorized duplicate would depend on the wording of the license and the nature of the use.
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