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   in passing, on the topic of control [Re: [xml-dev] What is the data here

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in the context of a discussion of open-source license forms and their limits,
i read through the german copyright law, and observe that its provisions
render encoding-based controls unenforcible:

Article 69e Decompilation 

(1) The authorization of the right holder shall not be required where
reproduction of the code and translation of its form within the meaning of
items 1 and 2 of Article 69c are indispensable
to obtain the information necessary to achieve the interoperability of an
independently created computer program with other programs, provided that the
following conditions are met:

1. these acts are performed by the licensee or by another person having a
right to use a copy of a program, or on their behalf by a person authorized to
do so;

2. the information necessary to achieve interoperability has not previously
been readily available to the persons referred to in item 1;

3. these acts are confined to the parts of the original program which are
necessary to achieve interoperability.


Article 69g Application of Other Legal Provisions; Law of Contract 


(2) Any contractual provisions contrary to ... Article 69e shall be null and void.


John Cowan wrote:
> AndrewWatt2000@aol.com scripsit:
> > If I read other of your comments correctly you seem to be agreeing that this
> > data-dataContainer combination is currently "jointly owned". Or is "jointly
> > controlled" less provocative?
> Yes, definitely.  "Ownership" means not only possession and control, but
> the *right* thereto.  Illegitimate ownership is a contradiction in terms.
> When a person has possession and control without the right to it, we
> call them not "owner" but "thief", "blackmailer", or "pirate".


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