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Re: Circumventing the GPL
From: |
John Hasler |
Subject: |
Re: Circumventing the GPL |
Date: |
Tue, 22 Jul 2008 20:15:34 -0500 |
User-agent: |
Gnus/5.11 (Gnus v5.11) Emacs/22.2 (gnu/linux) |
I wrote:
> The sale is then no longer an arms-length transaction. A US Federal
> judge will see right through the subterfuge and tell A that it is a
> distributor.
Hyman writes:
> Why does it have to be arms-length?
In order to be a first sale under the intent of the law. "First sale"
clearly contemplates a transaction such as walking into a bookstore,
grabbing a book, plunking down $20, and walking out. You propose a
contract wherein the seller gives up some of his exclusive rights as
author. Surely you don't expect the court to let A get away with not
providing source when A has acquired the exclusive right to do so.
> Where is the subterfuge?
In the attempt to evade the intent of the GPL.
> A software developer is perfectly free to enter an arrangement whereby he
> agrees *not* to distribute software. If the software is GPLed, he cannot
> require recipients not to distribute, but he is free to choose not to
> distribute his own software, and to accept payment for doing so.
Yes, of course he is. There is nothing illegal about what you propose. It
just won't work as a GPL evasion.
Do you think no one has ever tried to use a similar scheme to evade his
obligations before? The courts have seen it all.
--
John Hasler
john@dhh.gt.org
Dancing Horse Hill
Elmwood, WI USA
- Re: Circumventing the GPL, (continued)
- Re: Circumventing the GPL, David Kastrup, 2008/07/22
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/22
- Re: Circumventing the GPL, David Kastrup, 2008/07/22
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/22
- Re: Circumventing the GPL, David Kastrup, 2008/07/23
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/23
- Re: Circumventing the GPL, John Hasler, 2008/07/22
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/22
- Re: Circumventing the GPL, John Hasler, 2008/07/22
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/22
- Re: Circumventing the GPL,
John Hasler <=
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/22
- Re: Circumventing the GPL, John Hasler, 2008/07/24
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/24
- Re: Circumventing the GPL, John Hasler, 2008/07/24
- Re: Circumventing the GPL, Hyman Rosen, 2008/07/24
- Re: Circumventing the GPL, Tim Smith, 2008/07/23
- Re: Circumventing the GPL, Tim Smith, 2008/07/23
Re: Circumventing the GPL, Tim Smith, 2008/07/23
Re: Circumventing the GPL, Tim Smith, 2008/07/23