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Re: SFLC is SOL


From: Alexander Terekhov
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:09:09 -0000

Hyman Rosen wrote:
[...]
> Yes. Preemption would apply when state law attempted to restrict
> what is otherwise permitted in terms similar to copyright. But the
> GPL does not restrict any behavior permitted by unadorned copyright
> law, and therefore preemption is irrelevant to the GPL.

The "unadorned" copyright doesn't not put restrictions on terms and
conditions of licensing of the new copyright in a derivative work (which
is exclusive rights and which belongs to the author of derivative work)
"to all third parties" thereby creating a right against the world
governed under state law of contract akin to the GPL. 

In the EU terms, that's article 81:

"The following shall be prohibited as incompatible with the common
market: all agreements between undertakings, decisions by associations
of undertakings and concerted practices which may affect trade between
Member States and which have as their object or effect the prevention,
restriction or distortion of competition within the common market, and
in particular those which:

(a) directly or indirectly fix purchase or selling prices or any other
trading conditions"

To wit:

http://www.gnu.org/gnu/manifesto.html

"GNU will remove operating system software from the realm of
competition."
 
Go to doctor, Hyman.

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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