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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 18:42:28 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
>> 
>> Rjack <address@hidden> writes:
>> 
>> > Hyman Rosen wrote:
>> >> Rjack wrote:
>> >>> Your commitment should be voluntary
>> >>
>> >> I'm glad you have moved from seemingly meaningful but actually
>> >> incorrect arguments to straight insults. This will help other
>> >> readers realize that you are not to be taken seriously.
>> >
>> > Keep moving the goalposts away from real legal discussion concerning
>> > GPL enforceability Hyman.
>> 
>> The GPL is certainly not enforceable.  
>
> <chuckles>
>
> Does that mean that its "automatic termination" provision is not
> enforceable?
>
> (BTW, I agree.)

If the client does not claim use of the license, then this would not be
enforceable.  Yes.  You can't terminate a non-existing agreement.

> Here's the SFLC's lunatic theory on termination:
>
> http://www.softwarefreedom.org/resources/2008/compliance-guide.html
>
> "Many redistributors overlook GPL’s termination provision (GPLv2 § 4 and
> GPLv3 § 8). Under v2, violators forfeit their rights to redistribute and
> modify the GPL’d software until those rights are explicitly reinstated
> by the copyright holder. In contrast, v3 allows violators to rapidly
> resolve some violations without consequence. 
>
> If you have redistributed an application under GPLv2,

Read this again, it seems to have escaped your notice: "If you have
redistributed an application under GPLv2,"  In short, this is about the
case where the client _does_ claim making use of the license.  No
contradiction here between what I said and the SFLC.

> but have violated the terms of GPLv2, you must request a reinstatement
> of rights from the copyright holders before making further
> distributions, or else cease distribution and modification of the
> software forever. Different copyright holders condition reinstatement
> upon different requirements, and these requirements can be (and often
> are) wholly independent of the GPL. The terms of your reinstatement
> will depend upon what you negotiate with the copyright holder of the
> GPL’d program.
>
> Since your rights under GPLv2 terminate automatically upon your initial
> violation, all subsequent distributions are violations and infringements
> of copyright."

-- 
David Kastrup


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