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Re: Shoplifting, concealment, liability presumption


From: David Kastrup
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:07:57 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Hyman Rosen <address@hidden> writes:

> On 3/9/2010 12:20 PM, RJack wrote:
>> Sadly Hyman, you demonstrate your inability to understand the difference
>> between a violation of a criminal statute and a civil breach of contract.
>
> Copying GPL-covered works without honoring the conditions
> of the GPL is copyright infringement, not a civil breach
> of contract.

Depends on whether the defendant declares to have availed himself of the
GPL as a license or not.  Violation of license terms is held to similar
standards in court as violation of contract terms.

Of course, if no intent of honoring the license can be established, we
are talking about copyright infringement.  But that situation is not so
dissimilar with contracts when one of the parties can be shown to have
had no intent of honoring its obligations.

So yes, there are some similarities.  There are also some differences.

-- 
David Kastrup


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