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Re: Intellectual Property II


From: David Kastrup
Subject: Re: Intellectual Property II
Date: Sat, 11 Feb 2006 23:32:34 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> Conditional authorization does not magically turn into
>> unconditional authorization.
>
> A promise on my part to forbear from distribution right under first 
> sale and instead do what you decree is a covenant, not a condition.

But no such promise is demanded.  You don't need to promise anything.
You can choose to heed the conditions or not.  If you choose to heed
the conditions, you get the additional rights over copyright.  If you
choose not to heed the conditions, you get only the default rights
from copyright.

> And it has really nothing to do with copyright. Breach of contract
> is the only nonfrivolous claim you can make (provided that I have
> fulfilled the real conditions and created authorized copies).

Nonsense.  No contract has been formed.  The only claim you can make
is for violation of copyright.  And that's exactly what has been done
in all cases of pursued GPL violations.

> -----
> Adobe asserts that its license defines the relationship between 
> Adobe and any third-party such that a breach of the license 
> constitutes copyright infringement. This assertion is not accurate 
> because copyright law in fact provides certain rights to owners of 
> a particular copy. This grant of rights is independent from any 
> purported grant of rights from Adobe. The Adobe license compels 
> third-parties to relinquish rights that the third-parties enjoy 
> under copyright law. 
> -----
>
> s/Adobe/FSF

Too bad that the GPL license does not compel third-parties to
relinquish rights that the third-parties enjoy under copyright law.

So, like most of your quotations, it does not apply.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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