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Re: Problem with GPLv3 FAQ about linking with Visual C++


From: David Kastrup
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Wed, 03 Feb 2010 17:53:10 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.90 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> Actually, they aren't, because the GPL is not a contract.  But
>
> The German courts records clearly confirm the obvious fact that the
> GPL is a contract.

It is mostly held to contractual standards once the parties _both_ agree
on making use of the license.  In contrast to a contract, clauses ruled
as invalid don't invalidate the rest of the license (assuming absence of
salvatory clauses), and there can be no contractual penalties for
non-compliance.

Apart from those considerations, the concerned law is contract law.  If
those considerations don't concern the case, the ruling is not
distinguishable from one about contracts.

-- 
David Kastrup


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