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Re: Artifex v. Diebold: "The GPL is non-commercial!"

From: Hyman Rosen
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Fri, 06 Feb 2009 15:04:56 -0500
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:
Here's what happened:
Is there anything above against the law, Hyman?

The only problematic step is copying the downloaded file
onto a distribution medium. It helps that Microsoft actually
instructs you to do this, but might be construed as being
the copy made in order to run the software. (The copy of a
program which is made in the computer's RAM is permitted
by copyright law, but you do not have first-sale rights in

It's the same with GPLed software. If you download it directly
onto a DVD, you have first-sale rights on the DVD. If you
download it to hard disk and then make a copy to a DVD, you
can distribute that DVD only under terms of the GPL.

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