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Re: More FSF hypocrisy


From: Hyman Rosen
Subject: Re: More FSF hypocrisy
Date: Thu, 26 Mar 2009 18:07:35 -0400
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rjack wrote:
As part of a bilateral contractual agreement where two authors agree
to exchange copyright permissions in order to provide third party
benefits.

No, as a copyright license from the rights holder to the
combining author, if and only if that author follows the
GPL when he copies and distributes the combined work.

The GPL rights holder and the combining author need not
ever meet or agree in person, and need not even be aware
of each other's existence.

Violation of a license is grounds for copyright infringement:

Not unless scope-of-use is exceeded.

Scope of use is exceeded when a combining author makes and
distributes copies without licensing the work as a whole
under the GPL.

a "copyright owner who grants a nonexclusive license to
use his copyrighted material waives his right to sue the licensee
for copyright infringement "

The only people who receive nonexclusive licenses from the GPL
copyright holder are those who make and distribute copies under
the GPL. No one else gets any license from the rights holder.

You can't turn breach of a bilateral contractual agreement to
provide third party benefits (consideration) into a scope-of-use
violation:

The GPL is not a b.c.a.t.p.t.p.b. It is a license that defines the
conditions under which someone may copy and distribute the covered
work.


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