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Re: Circumventing the GPL


From: Alexander Terekhov
Subject: Re: Circumventing the GPL
Date: Fri, 25 Jul 2008 17:50:21 +0200

David Kastrup wrote:
> 
> Alexander Terekhov <terekhov@web.de> writes:
> 
> > John Hasler wrote:
> >>
> >> Tim Smith wrote:
> >> > The copies were pretty clearly made lawfully under GPL.  I am clearly the
> >> > owner of the copies.  So, why can't I take advantage of first sale and
> >> > sell them, without the need of copyright permission?
> >>
> >> Because you agreed not to sell them without source when you accepted the
> >> GPL which you did when you made the copies.
> >
> > Ahhh. But don't you know that the GPL is not a contract (agreement) in
> > the GNU Republic, uncle Hasler? :-)
> 
> You can claim either agreement or non-agreement with the conditions.
> Your choice.  In the latter case, you had no permission to copy in the
> first place.

You confuse conditions precedent with covenants. In the former case,
failure to fullfill condition precedent means that I had no permission
to copy in the first place. But restrictions on distribution of a copy
that I make (under authorization) just can't be conditions precedent
because a copy must be made first. Got it now?

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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