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Re: PJ comes to her senses -- finally


From: David Kastrup
Subject: Re: PJ comes to her senses -- finally
Date: Wed, 18 Nov 2009 20:39:35 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.50 (gnu/linux)

Rjack <address@hidden> writes:

> Alan Mackenzie wrote:
>
>> To everybody else, this is pure sophistry.  The GPL most certainly
>> is enforceable - it has been enforced.
>
> Not under any U.S. jurisdiction where Pammy lives -- that claim's a
> figment of your fertile imagination Alan.

Well, you can't enforce a unilateral _grant_.  The court cases boil down
to "Dear defendant, do you want to make use of the GPL by heeding its
conditions, or would you rather go with the standard permissions granted
to you by copyright?"  You can't enforce a license which explicitly
tells you

      9. Acceptance Not Required for Having Copies.

      You are not required to accept this License in order to receive or
    run a copy of the Program.  Ancillary propagation of a covered work
    occurring solely as a consequence of using peer-to-peer transmission
    to receive a copy likewise does not require acceptance.  However,
    nothing other than this License grants you permission to propagate
    or modify any covered work.  These actions infringe copyright if you
    do not accept this License.  Therefore, by modifying or propagating
    a covered work, you indicate your acceptance of this License to do
    so.

The "indication" is, as far as I can see, nothing but an indication and
does not get you into any deeper pickle than you are in, anyway.

-- 
David Kastrup


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