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Re: SFLC files 2nd intimidation suit


From: rjack
Subject: Re: SFLC files 2nd intimidation suit
Date: Mon, 26 Nov 2007 07:50:43 -0500
User-agent: Thunderbird 2.0.0.9 (Windows/20071031)

Tim Smith wrote:
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.

*Preparation* is a 17 USC 106 exclusive right.

*Distribution* of a derivate work prepared by an authorized modifying author is a contractual matter between the original and modifying authors.

:)



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