It is my understanding that software licenses currently have
a major gap in how they address the right to public
performance. Public performance you ask? Well here is a
rights controlled under copyright law. Public performance
and public display are listed 4'th and 5'th.
As noted, software falls in a class of works that is
covered under public performance, but this area of the law
has not really been explored yet. However it will become
increasingly important. For instance one of the key changes
that is being looked at for
version 3 is the use of public performance to prevent
application service providers from using GPLed software
without releasing the source to their changes.
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