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 No.832134[Watch Thread][Show All Posts]

We all know that proprietary software limits the user's ability to modify and redistribute the software.

However, fair use often allow copyrighted works to be modified and redistributed for certain cases. One such situation is the case of parody, where one modifies the work to poke fun at and comment on the original. This got me thinking: could software also fall under fair use?

Consider the following example:

I take a copy of Microsoft (tm) Windows (tm) 10 (tm) (r) (c), and modify it. I keep the core OS "functionality" while modifying it to make fun of Microsoft's predatory business practices in promoting the adoption of their software.

I would then separately release a patch that just so happens to reverse all the changes I've made to the original code, and revert it to original functionality.

In a hypothetical situation, do you think this would work (ignoring the fact that it would require me to use Windows)? I wonder how fair use might apply to DLLs, and whether or not I'd have to make parodic changes to every individually licensed file, or if modification of the system a whole would be sufficient.

 No.832180>>832378

As long as you are not distributing Windows itself, and are not circumventing DRM you would probably be fine.

Selling your patch for money on the other hand might introduce other complications.


 No.832378

>>832180

Fair use may still stand for commercial works despite widespread ignorance. However, you won't get much sympathy from a judge should a lawsuit come your way.

By the same token, non-commercial use doesn't imply fair use.




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