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Re: SFLC files 2nd intimidation suit


From: Tim Smith
Subject: Re: SFLC files 2nd intimidation suit
Date: Mon, 26 Nov 2007 11:03:22 -0000
User-agent: slrn/0.9.8.1pl1 (Debian)

On 2007-11-24, rjack <address@hidden> wrote:
> 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 preparation of that derivative work in the first place is one of the
exclusive rights under 17 USC 106.


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