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Re: GPL and other licences


From: David Kastrup
Subject: Re: GPL and other licences
Date: Wed, 15 Feb 2006 01:58:08 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

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

>    You are not a licensee, as you are not the owner of the copy.  So the
>    GPL language does not apply to you when it says "you".
>
> Since I'm in the lawful posession of the copy, I'm am allowed to
> accept the GPL.

Non sequitur.

> Section 0, section 1 (since you are to lazy to read the GPL) also
> applies.

I am too lazy?  You already forgot section 0:

    Each licensee is addressed as "you".

"You" in the GPL refers only to licensees.  To be a licensee, you have
to enter into interaction with a licensor.

>    It says no such thing.  The complete section 0 is
>
>        0. This License applies to any program or other work which
>        contains a notice placed by the copyright holder saying it may
>        be distributed under [...]
>
> I suggest you continue reading section 1, 2 and 3.  If you are going
> to quote things, read the bit you quote.

They don't say anything different.  How comes you just make _claims_
about the GPL without actually quoting anything that would support
your point?

> Nothing of what I have written is wrong.  It is stated _explcitly_
> in the license.

Quote it, then.

>    Without ownership of a physical copy, there is no licensee.
>
> Once again, I do NOT have to be the owner of the CD to accept the
> license.

You can accept the license all you want, but that does not give you
the right to access a physical copy of the code owned by somebody
else.

>    There is nothing in section 0 that declares anybody coming across
>    code a licensee, and indeed that would be frivolous.
>
> For the sake of my own sanity, I'll give you this.  Section 1 state
> it.
>
>   1. You may copy and distribute verbatim copies of the Program's
>      source code as you receive it, in any medium, provided that you

Section 0:

    Each licensee is addressed as "you".

Bystanders are not addressed by the license.  Only licensees are.

> I recived the source code from my employeer.  I get the right to
> copy and distribute verbatim copies of the Program's source code in
> any medium (provided I do some stuff which I didn't quote here).

Nobody gives you that right.  The copy is owned by your employer.  You
are not free to do with is as you like.  Even if he were breaking the
license in some manner by not letting you use it like you want to
(which he doesn't), the only party that has a legal standing against
that would be the copyright holder, not you.  You can't take the
justice (or in this case rather the putative justice) for the
copyright holder into your own hands.

>    The terms of the license apply to the licensee, not every
>    bystander.  You are not a licensee.
>
> Since I recived the source code, *I*AM*IN*FACT*THE*LICENSEE*.  The
> GNU General Public License version 2 explcicly states this.

It doesn't.  And waffling about that won't change it.  Quote anything
that would state such a thing.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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