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Re: Zonker on Open Source licenses ..


From: David Kastrup
Subject: Re: Zonker on Open Source licenses ..
Date: Wed, 04 Mar 2009 19:07:47 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> Hyman Rosen wrote:
>> 
>> Alexander Terekhov wrote:
>> > Injunctive Relief. Licensee agrees that monetary damages alone
>> 
>> Except that the rights holders cannot demonstrate that the
>> GPL has been accepted, since it is a public license which
>
> Man oh man. In all GPL complaints, SFLC and the right holders plead
> "automatic termination" and that just can't possibly happen without
> defendant's acceptance coming first.

That is just so that the defendant has to pick acceptance or
non-acceptance as his line of reasoning.

> The GPL itself states that "Therefore, by modifying or distributing
> the Program (or any work based on the Program), you indicate your
> acceptance of this License to do so, and all its terms and conditions
> for copying, distributing or modifying the Program or works based on
> it."

Actually, _this_ particular clause is in my opinion not likely to hold
up in court literally in all its implications: in practice it will not
be much more use than as an anti-cherrypicking clause that reinforces
you either have to accept the GPL provisions or not, in their entirety.

-- 
David Kastrup


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