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Re: GPL question


From: rjack
Subject: Re: GPL question
Date: Fri, 12 Oct 2007 09:57:50 -0400
User-agent: Thunderbird 2.0.0.6 (Windows/20070728)

Mike Cox wrote:

Where can I find this GNU GPL FAQ? Is it normative? Legaly binding?

http://www.gnu.org/licenses/gpl-faq.html

It is legally binding in all courts exercising jurisdiction under the
the authority of the GNU Republic.

Again, is mere dynamic linking the same as "incorporating GPL-covered
software"?

17 USC Sec. 117 protects dynamic linking in memory unless contractually
prohibited. Why do I say unless contractually prohibited?

In 1976 Congress authorized The Commission on New Technological Uses:
"This is the area of computer uses... the The Commission on
New Technological Uses is, among other things, now engaged
in making a thorough study of the emerging patterns in this
field and it will, on the basis of its findings, recommend
definitive copyright provisions to deal with the situation."
--- House Report No. 94-1476

See http://digital-law-online.info/CONTU/contu6.html
(See the last sentence of this CONTU report quoted below)

"One who rightfully possesses a copy of a program, therefore, should be
provided with a legal right to copy it to that extent which will permit
its use by that possessor. This would include the right to load it into
a computer. . . Should proprietors feel strongly that {Page 14} they do
not want rightful possessors of copies of their programs to prepare such
adaptations, they could, of course, make such desires a contractual matter."

**The federal courts follow these recommendations very closely**



Mike Cox (the_real_mike_cox) mikecox_linux@yahoo.com



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