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Re: "GPL requirement could have a chilling effect on derivative distros"
From: |
Alexander Terekhov |
Subject: |
Re: "GPL requirement could have a chilling effect on derivative distros" |
Date: |
Thu, 29 Jun 2006 00:11:44 +0200 |
David Kastrup wrote:
[...]
> There is nothing in a carrot that says that a person is not the "owner
> of the carrot". Establishing ownership is a separate process.
http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf
What it says is that even under contractual restrictions of statutory
rights, 17 USC 117 bars cause of action for copyright infringement when
"the party exercises sufficient incidents of ownership over a copy of
the program to be sensibly considered the owner of the copy for
purposes of ยง 117(a)." Same as with 17 USC 109. Now, that, of course,
doesn't preclude cause of action for breach of contract (provided that
the contract formalities like assent were fulfilled, and that
agreement contains clear wording regarding contractual forbearance from
rights under 17 USC 109 and/or 17 USC 117 -- blatant misstatements
of statutes like the GPL does it (apparently trying to envision
unwritten Copyleft Act of the GNU Republic) regarding the Copyright Act
don't count)... and here comes totally idiotic GNUtian's claim that the
"GPL is not a contract"... heck, feel free to plead yourself out of
court:
-----
Citing Bennett the court noted that "in some cases, it is possible
for a plaintiff to plead himself out of court by alleging facts
that render success on the merits impossible.
-----
Guess why the FSF's "enforcement" motto is "Don't go to court"
http://novalis.org/talks/lsm-talk-2004/slide-31.html
no-brainer.
> The
> license defines the rights granted to somebody who has established
> himself as the owner of a copy.
In the GNU Republic, may be.
regards,
alexander.
- Re: "GPL requirement could have a chilling effectonderivativedistros", (continued)
- Re: "GPL requirement could have a chilling effectonderivativedistros", Stefaan A Eeckels, 2006/06/30
- Re: "GPL requirement could have a chilling effect on derivative distros", Alfred M. Szmidt, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Stefaan A Eeckels, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alfred M. Szmidt, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Rui Miguel Silva Seabra, 2006/06/30
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Tim Smith, 2006/06/30
- Message not available
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Stefaan A Eeckels, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Tim Smith, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros",
Alexander Terekhov <=
- Re: "GPL requirement could have a chilling effect on derivative distros", peterwn, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/30
- Re: "GPL requirement could have a chilling effect on derivative distros", peterwn, 2006/06/29