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GPL a contract or a license | 367 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Consider it insanity
Authored by: Anonymous on Wednesday, March 20 2013 @ 03:27 PM EDT

The current line of reasoning is about as sane (my humble opinion) as the "GPL is invalid" line of reasoning.

It was absolutely amazing that the defendant took it far enough the Judge had to actually say (my paraphrase):

    Look, let's say I accept your argument the GPL is invalid. With your admissions of copying, I certainly hope you have another license that allows you to do that or you're admittedly in clear violation of Copyright Law.
The anti-GPL group - as near as I can figure - just can't come to grasp with the basics of Copyright Law and the fact (I think this is the key) that most of us don't want money for their breach. We're not willing to accept money and give them the license they want.

They really can't seem to come to grasp that we only want either:

    Don't copy/distribute our works
or
    Comply with the full license terms
There are exceptions of course.

That one guy who tried to revoke the GPL and demanded everyone that had the source immediately delete it when he entered into the contractual agreement with a Company where he was only to supply them with the code. Like he could revoke the license when it doesn't contain a clause allowing him to do so and there was no breach.

Then there was the guy who sold MySQL - then tried to lay claim to the license as being wrong for the product so it should be changed to BSD.

So yea... there are exceptions. The Corporate mind just can't seem to grasp what most of us are willing to accept though. And given Copyright Law allows us to dictate terms....

... it really is too bad they can't understand.

:)

RAS

[ Reply to This | Parent | # ]

GPL a contract or a license
Authored by: Anonymous on Wednesday, March 20 2013 @ 07:01 PM EDT
Where the attempts to get around GPL by using first sale fail is that "First Sale" covers a sale. Let's say PJ downloads a GPL licensed program, together with the source code, burns it all onto a CD, prints out and signs a copy of the GPL license, puts everything into an envelope and sells the whole thing to me for $100, just to make sure that we agree there was a sale.

"First Sale Doctrine" allows me to take what I bought and sell it to someone else. The envelope, the CD, and the license. I have no right under "First Sale Doctrine" to sell the CD only. Or the CD and license, with the source code carefully removed from the CD.

I can also make hundred copies of the CD, because of GPL. I cannot sell these copies or give them away without a copy of the GPL license, because GPL doesn't allow it. And first sale doesn't allow it either because I didn't buy the CDs, I made them myself.

[ Reply to This | Parent | # ]

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