So I suppose being able to memorise and then replicate it? That's not bad. I was thinking along the lines of knowing about a joke where Taylor Swift lyrics were attributed to Mark Twain (for example) would violate Tay tay's moral right of attribution, and that could happen by simply knowing the joke.
You cannot violate copyright by seeing, reading, hearing, or feeling a work. Even if you are knowingly observing an infringing copy, your consumption of that work is not an infringement.
Unless you were complicit in creating or distributing the infringing copy, you are free to consume any copy that you have acquired.
You cannot violate copyright by seeing, reading, hearing, or feeling a work. Even if you are knowingly observing an infringing copy, your consumption of that work is not an infringement.
Well, you could make it such that accessing it would make you break the law, but then it would still be the accessing, not consumption that breaks the law.
Would not the act of memorization an infringing copy? Copyright itself does not allow a provision where a non-ephemeral copy may be stored, regardless of the medium or duration. You would, of course, have the positive defense of fair use - if you were sued for your infringing copy, you could mount a defense that the storage falls under the fair use provisions, but you would still be required to defend yourself at your own expense. Would it make a difference if we, one day, developed a method of reading memories. Someone with a photographic memory could then be used to recreate the work from their copy - clearly a violation, and hence the storage is a violation (excepting backup/fairuse - which is still an infringement, but a special case of permitted infringement)
Running a computer program is copyright infringement because the program is copied from HDD to RAM. Watching a movie should be copyright infringement because the movie is copied from the screen to your brain.
You could play your Switch on a train, while streaming on Twitch, and it still wouldn't be infringement.
You could tell people where they could download a Switch emulator and the roms for the game you were playing (provided you weren't hosting them yourself), and you still wouldn't be infringing copyright. (The host of that emulator and the roms would be, and you would violate Twitch's TOS, but not copyright law)
I would argue that your followers would not be violating copyright in downloading that emulator and rom; the violator is the uploader, not the downloader.
I would argue that you could then invite your followers to play with you, and you could play on the train, and stream your gameplay on twitch, and still not be violating copyright.
Another example could be clean room design. Essentially reverse engineering code without using copyrighted code. Having someone on a team who has reviewed leaked code could compromise a project and make it more likely to be hit with a copyright claim if they slip up.
This has been an issue/topic of debate with multiple open source projects such as ReactOS.
I could be slightly off here but this is my understanding of it. I hope someone corrects me if I'm off base.
Yeah this was something else I was thinking of. I'm not exactly sure about the mechanics of the infringement here, but it seems like simply knowing a thing taints you for producing a work. I guess it's more about ease of proving?
The key here is that it taints you, not the thing. Just because the source code of eg.: Acrobat is known because the source is leaked, that does not make the source code of an alternative instantly illegal.
This reminds me of a question I heard long ago: if you take a copyrighted material A and XOR it with another material B, and then you distribute the result C, who can claim infringement if at all? The company which owns A or the one which owns B?
Especially that in order to actually claim infringement it means company A obtained a copy of the material of B in order to verify C infringes their rights.
Interesting. Very similar to the copyright logjam which Jim Sterling tries to create in Youtube. Basically uses copyrights of several companies and when they all claim ownership, then none of them can monetise the video.
But you don't make it public you did that. If summoned to court, you XOR C with innocuous file D, to get result E, which looks like a random encryption key. Then you tell them the file is D XOR E.
It helps if either A or B is random. There's no chance that your randomly encrypted file is accidentally the XOR of two non-random files.