GROKLAW: "Copyright, however, poses a different problem. Every transfer of the code on the internet, and indeed every use of a computer to look at the code, involves making a technical 'copy.' Courts have fairly uniformly held that such technical copying - made necessary by digital technology - infringes Microsoft's exclusive right to reproduce the work in question (here, the Windows source code, a literary work). Absent fair use, anyone who causes his or her computer to put the code onto the screen (or to print out the whole version) is subject to all of the draconian remedies of copyright.
On the other hand, it is still not yet an infringement of copyright simply to read an infringing copy of a work (unless perhaps you break through a technological measure designed to control access to it, which would invoke the DMCA). "
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