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Re: GPL and other licences


From: David Kastrup
Subject: Re: GPL and other licences
Date: Tue, 14 Feb 2006 02:39:00 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

"Alfred M\. Szmidt" <address@hidden> writes:

>    * How does a third party, without your approval or instructions,
>    determine which files -if any- are covered by the GPL? 
>
> A copyright notice in the file.  I suggest you read the `How to Apply
> These Terms to Your New Programs' from the GNU GPL is a good place to
> start.
>
>    * How could you prove which files are not covered by the GPL if the text
>    of the GPL appears in a directory (are all the files in that directory
>    covered? All files in all sub-directories? The whole disk?)
>
> Only files with proper copyright notices can be protected by
> copyright, if there is no copyright notices: no rights.
>
>    * Does all GPLed software include a comprehensive and exhaustive list of
>    all the files it contains, with suitable hashes so that prospective
>    copiers can make sure they only copy genuine GPLed files and not a
>    straggler with the same name?
>
> I have no idea what you mean here.
>
>    * Are files that do not contain a copyright notice affected by the
>    presence of a file containing the text of the GPL on the same medium?
>
> If the file does not contain a copyright notice, then `no rights' is
> applied.  This is basic copyright law, one would assume that you had
> understood copyright law to participate in this discussion.

I quote from
<URL:http://www.copyright.gov/help/faq/faq-definitions.html#notice>

    What is a copyright notice? How do I put a copyright notice on my
    work?

    [...]  While use of a copyright notice was once required
    as a condition of copyright protection, it is now optional.

This is basic copyright law, one would assume that you had understood
copyright law to participate in this discussion.

>    * Is it a condition of the GPL that all material released under the GPL
>    should contain a notice stating that it is covered by the GPL?
>
> It is a requirement by law to state this, otherwise: no rights.

And you say it is "namecalling" if Stefan calls you clueless?  Please
read the copyright FAQ from the U.S. government and/or the Berne
convention.

And then try again.

>    * Do the copyright statutes mandate a copyright notice? (Hint: No).
>
> No, they don't.  But if you have no copyright notice: no rights.  The
> copyright notices states what you can and cannot do, in extention to
> copyright law.  Since the file does not contain a copyright notice,
> then default copyright comes into place, i.e.: no rights.

No, that's not a copyright notice.  I quote again:

     A copyright notice is an identifier placed on copies of the work
     to inform the world of copyright ownership that generally
     consists of the symbol or word “copyright (or copr.),” the name
     of the copyright owner, and the year of first publication, e.g.,
     ©2003 John Doe.

You really are so clueless, and parading it to boot.  It's not like
the Berne convention has been kept a secret, or copyright law.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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