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Re: Settlements


From: David Kastrup
Subject: Re: Settlements
Date: Sat, 27 Feb 2010 08:50:33 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Hyman Rosen <address@hidden> writes:

> On 2/26/2010 10:56 AM, RJack wrote:
>> Alexander and I have gone to great lengths to explain to you the
>> difference between a "condition precedent" and a "scope of use"
>> condition.
>
> The GPL requires that its provisions be honored as a condition
> of granting permission to copy and distribute a covered work.
> One of the alternatives available to obtain permission is to
> make source available upon request. If someone copies and
> distributes a covered work using this provision but does not
> intend to honor such requests, he is infringing the copyright
> of the rights holders.

Actually I disagree here: if he does so "using this provision", he is
violating not copyright, but his obligations to the copyright holder he
subjected himself to voluntarily by "using this provision".  Copyright
is what gives the copyright holder the power to insist on the
recipients' compliance, but once the recipient states to make use of the
license, we are talking of "breach of license terms" rather than "breach
of copyright", even though copyright enables the copyright holder to
insist.

GPLv2 more or less combined the two by automatically terminating the
license upon non-compliance.  But I don't think that this clause was
ever actively pursued in court.

-- 
David Kastrup


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