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From: | Hyman Rosen |
Subject: | Re: Jacobsen v. Katzer settled |
Date: | Tue, 23 Feb 2010 11:16:17 -0500 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 2/23/2010 9:48 AM, RJack wrote:
What you say *could* be true in a license. The critical word is "precedent" which means "to precede". Unfortunately for the Artistic License, you can't attribute a work you haven't yet received permission to create. The very thing that is supposedly being conditioned (the copyright permissions) is required to satisfy the condition (attribution in the created work) -- which is impossible. The same thing happens with respect to sec. 2 of the GPL.
Unfortunately for you, the court believed otherwise. <http://www.cafc.uscourts.gov/opinions/08-1001.pdf> The clear language of the Artistic License creates conditions to protect the economic rights at issue in the granting of a public license. These conditions govern the rights to modify and distribute the computer programs and files included in the downloadable software package.
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