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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: David Kastrup
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:13:24 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

RJack <address@hidden> writes:

> Hyman Rosen wrote:
>> On 4/9/2010 2:29 PM, RJack wrote:
>>> The GPL is preempted under U.S. copyright law
>>
>> The GPL functions properly under US copyright law. The preemption of
>> state laws equivalent to copyright is irrelevant to the GPL.
>>
>>> as well as being unenforceable under the common law of contracts.
>>
>> The GPL is not enforceable because it is a voluntary license which
>> need not be accepted.
>
> Ah... I believe that's known in the vernacular as Pee Jays
> therom.

I'd rather call it clause 9 of the GPL.

      9. Acceptance Not Required for Having Copies.

      You are not required to accept this License in order to receive or
    run a copy of the Program.  Ancillary propagation of a covered work
    occurring solely as a consequence of using peer-to-peer transmission
    to receive a copy likewise does not require acceptance.  However,
    nothing other than this License grants you permission to propagate
    or modify any covered work.  These actions infringe copyright if you
    do not accept this License.  Therefore, by modifying or propagating
    a covered work, you indicate your acceptance of this License to do
    so.

-- 
David Kastrup


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