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Re: Mixing Licenses ... any hints needed
From: |
Alexander Terekhov |
Subject: |
Re: Mixing Licenses ... any hints needed |
Date: |
Wed, 28 Jun 2006 20:36:00 +0200 |
David Kastrup wrote:
[...]
> But Novell and RedHat are not responsible for the interpretation
> Trolltech places on the parts copyrighted by Trolltech.
Both Novell and Red Hat are *parties* to the agreement with Trolltech
covering Qt under the GPL (without that agreement they would have no
rights to Qt).
http://www.answers.com/topic/meeting-of-the-minds
[...]
> You can't take somebody to court because of nonsense some third party
> chooses to spout.
The defendants are not "third parties" to each other in the context of
Wallace's action. They are alleged antitrust co-conspirators acting as
parties to the GPL license agreement, and they are supposed to have
consensus ad idem among them as a matter of law (or they would be
engaged in massive copyright infringement on gigantic scale that would
warrant criminal prosecution by law enforcement authorities). Recall
that
-----
An intellectual property license is a contract. In re: Aimster Copyright
Litigation, 334 F.3d 643, 644 (7th Cir. 2003) (If a breach of contract
(and a copyright license is just a type of contract) . . . ); see also
McCoy v. Mitsuboshi Cutlery, Inc., 67 F.3d 917, 920 (Fed. Cir. 1995)
(Whether express or implied, a license is a contract").
-----
and that now the FSF itself is on record telling to a federal judge in
court of law that the GPL "contract controls". Not only Welte (who has
established the contract status of the GPL in Germany, my what a hero)
got it, so to speak.
regards,
alexander.
- Mixing Licenses ... any hints needed, Wolfdieter Schmidt, 2006/06/27
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28
- Re: Mixing Licenses ... any hints needed, Wei Mingzhi, 2006/06/28
- Message not available
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28
- Re: Mixing Licenses ... any hints needed, David Kastrup, 2006/06/28
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28
- Re: Mixing Licenses ... any hints needed, David Kastrup, 2006/06/28
- Re: Mixing Licenses ... any hints needed,
Alexander Terekhov <=
- Re: Mixing Licenses ... any hints needed, David Kastrup, 2006/06/28
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28
- Re: Mixing Licenses ... any hints needed, David Kastrup, 2006/06/28
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28
- Re: Mixing Licenses ... any hints needed, Alexander Terekhov, 2006/06/28