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Re: license issue: calling a GPLv2 library


From: Rui Miguel Silva Seabra
Subject: Re: license issue: calling a GPLv2 library
Date: Thu, 22 Jun 2006 18:55:01 +0100

Qui, 2006-06-22 às 19:38 +0200, Alexander Terekhov escreveu:
> David Kastrup wrote:
> [...]
> > > That sure looks to me like a mechanism to derive acceptance
> > > of the GPL.
> > 
> > Not really.  You can't sue people to accept the license.  You can only
> > sue them to heed it.
> 
> Only if you can establish acceptance. (And the courts won't enforce 
> unlawful contracts -- copyright misuse, antitrust violation, etc.)

Acceptance...
        Only the GNU GPL authorizes the right to make copies and
        distribute them. If you do not accept the terms you can't
        distribute them because copyright forbids it.

Unlawful contracts...
        The GNU GPL is not a contract but a copyright license.

Copyright misuse...
        Seems every judge who had to take a look at the GNU GPL up until
        now doesn't agree with you Alex...

Antitrust violation...
        By nature it is impossible to make an "antitrust" violation with
        GPL'ed software since it creates a levelled playground. Everyone
        shares the same rights, and as such competitivity is done at at
        another level.


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