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Re: More FSF hypocrisy


From: Alexander Terekhov
Subject: Re: More FSF hypocrisy
Date: Wed, 25 Mar 2009 23:17:32 +0100

"Hyman Rosen" <address@hidden> schrieb im Newsbeitrag news:address@hidden
Alexander Terekhov wrote:
Such provision creates contractual right entitling distributees to have access to source code.

No, this is completely wrong. Distributees have no contractual
right to anything. Distributors have obligations to distribute
source code in certain ways to certain parties (which sometimes
may include everyone) and those obligations arise from conditions
in the license which allow them to distribute in the first place.

"Conditions" as in what, silly?

In the licensing context (and not only), someone's duty to act is someone else's right to that action, stupid.

To repeat:

Licensee's obligation to provide distributees (and other third-party beneficiaries to the GPL contract between licensor and licensee parties) with access to source code has nothing to do with scope-of-use limitations and conditions precedent. Such provision creates contractual right entitling distributees (and other third-party beneficiaries to the GPL contract between licensor and licensee parties) to have access to source code. Breaching that provision (denying that contractual right) doesn't infringe licensor's exclusive rights under the copyright law.

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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