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Re: SFLC files 2nd intimidation suit


From: rjack
Subject: Re: SFLC files 2nd intimidation suit
Date: Sat, 24 Nov 2007 11:19:20 -0500
User-agent: Thunderbird 2.0.0.9 (Windows/20071031)

Tim Smith wrote:
On 2007-11-21, rjack <address@hidden> wrote:
The designated donee beneficiaries of the GPL are obviously "all third parties". Clearly the plaintiffs are "parties" to the GPL contract and cannot be a member of the class "all third parties." Therefore the plaintiffs can suffer no injury by the source code not being made available to "all third parties".


Their injury is the use of the copyrighted work in a manner that they
have not agreed to.


To constitute copyright infringement an action must be capable of violating an author's 17 USC sec. 106 exclusive rights in the absence of any license at all.

Requiring distribution of another author's modifications in a derivative work is not one of the exclusive rights enumerated under 17 USC sec. 106
and cannot lead to a charge of "copyright infringement".

The alleged violation of the GPL (failure to distribute another author's modifications) is a contractual requirement that names it's designated donee beneficiaries as "all third parties".

:)


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