Re (tilly) 4: GPL/artistic licence issues

[tilly]

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 listing of the 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 GPL version 3 is the use of public performance to prevent application service providers from using GPLed software without releasing the source to their changes.