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Re: GPL propaganda


From: Hyman Rosen
Subject: Re: GPL propaganda
Date: Thu, 25 Sep 2008 23:20:30 -0400
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

Rjack wrote:
Try the doctrine of copyright misuse.

I can hear the soft mocking laughter of the judge when this
argument is presented and he notes that the GPL gives anyone
the right to run, read, and modify the program with absolutely
no restrictions.

Try violation of 17 USC 301.

You cannot violate 301. That's the preemption section, and it
just takes copyright cases into federal law. Violation of the
GPL is copyright infringement, and it will be treated as such
by the federal courts.

Try impossible contract terms.

It's a license, not a contract, and the terms are not only not
impossible, complying with them is extremely easy.


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