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

From: David Kastrup
Subject: Re: REPOST: Re: using GPL api to be used in a properietary software
Date: Thu, 17 Mar 2005 18:07:37 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> < Part II >
> Alexander Terekhov wrote:
> [...]
>> As for the US, < Forward Inline >
>> -------- Original Message --------
>> Newsgroups:,comp.arch
>> Subject: Re: Stallman rants about FreeBIOS
>> Message-ID: <>
>> References: ... <>
> [... why the GPL just can't work under copyright law ...]
> Just in case you'll come across an idiot proclaiming that the GPL
> works as an "agreement" (apart from Germany... where contractual 
> limitation of first sale principle is held to be invalid)... well,
> research the topic of enforceability of "contracts of adhesion" and 
> contracts in general yourself. Here's some hints, so to speak.  

You don't get it.  The GPL is not a contract.  You need not agree to
it if you don't want to, but nothing else gives you the right to
redistribute.  So unlike EULA and the other madness, you don't need
some click-through or whatever else agreeing to sell your first-born.

The GPL states the price to pay for certain uses of the software.
Whether you are willing to pay that price is up to you.  If not, then
those uses are barred.  Not by the GPL, but by copyright law.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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