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Re: Use of GPL'd code with proprietary programs


From: Isaac
Subject: Re: Use of GPL'd code with proprietary programs
Date: Thu, 15 Jul 2004 16:28:32 -0500
User-agent: slrn/0.9.7.4 (Linux)

On Thu, 15 Jul 2004 09:49:02 +0000 (UTC), Rahul Dhesi 
<address@hidden> wrote:
> Isaac <address@hidden> writes:
> 
>>By using a license the removes the possibility of contributory
>>infringement claims because it allows the users to run the software
>>without limitations, the FSF is limited to asking the court to find
>>direct infringement where most likely none exists.
> 
> Your argument is puzzling, because it was my impression that if there is
> no direct infringement, then there cannot be contributory infringement.

You are simply rephrasing my point.  If the goal is to sue the distributor
rather than the user, the Microsofts of the world can successfully rely
on contributory infringement theories because they limit what users of
programs can do.  The FSF is stuck with trying to stretch the law to come 
up with direct infringement theories because they've excused users who 
merely run programs.  Do direct infringement ==> no contributory 
infringement ==> limited options for plaintiff's holding copyrights
to GPL code.

Isaac


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