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Re: using GPL api to be used in a properietary software

From: David Kastrup
Subject: Re: using GPL api to be used in a properietary software
Date: Tue, 15 Mar 2005 14:21:58 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> Moglen: "Because the GPL does not require any promises in return
> from licensees, it does not need contract enforcement in order to
> work. A GPL licensor doesn't say in the event of trouble "But,
> judge, the licensee promised me he wouldn't do what he's doing now."
> The licensor plaintiff says 'Judge, the defendant is redistributing
> my copyrighted work without permission.'"
> And the defendant says "17 USC 109, Judge." Judge: Case closed. 
> Heck, what is so hard to understand here? 

Tell that to the courts.  Copyright does not grant you permission to
redistribute stolen goods.  Before you gain any rights to copies, you
have to legally acquire them, and that usually entails agreeing to the
conditions of the party providing you with them.

What is so hard to understand here?  There is lots of downloadable
software around with restrictions on use and redistribution: AFPL,
shareware, even MS-EULA-ware.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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