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Re: GPL and other licences
From: |
Alexander Terekhov |
Subject: |
Re: GPL and other licences |
Date: |
Thu, 02 Feb 2006 14:30:07 +0100 |
David Kastrup wrote:
>
> Alexander Terekhov <terekhov@web.de> writes:
>
> > Rui Miguel Silva Seabra wrote:
> >>
> >> On Wed, 2006-02-01 at 11:43 +0100, Alexander Terekhov wrote:
> >> > Barry Margolin wrote:
> >> > [...]
> >> > > But that's not really a good analogy. Combining two programs is not
> >> > > just making references, you actually merge parts of one program into a
> >> > > copy of the other.
> >> >
> >> > What do you mean by "merge". They remain as two separate computer
> >> > programs (or parts thereof, if you like) under copyright law. No
> >> > protected expression was transformed/modified forming a derivative
> >> > work. Combined executable is just an aggregation of many computer
> >> > program works under copyright law. If you insist I can supply you
> >> > with maps that will allow you to extract all those distinct
> >> > components.
> >>
> >> You can't include someone else's book into your own book unless they
> >> allow so.
> >
> > One can download a copy of GPL'd work (without any "I accept")
> > directly to a compilation on a tangible medium. In source code or
> > object code form (both forms are wildly available).
>
> The mere presence of duplicable material somewhere does not give you
> any automatic right to create copies of it.
>
> If somebody leaves his door open, that does not mean that this gives
> me the right to go inside and take or copy whatever I wish.
Go tell this to Honorable ALVIN K. HELLERSTEIN, U.S.D.J.
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF
"Netscapes SmartDownload, ... allows a user to download and use
the software without taking any action that plainly manifests assent
to the terms of the associated license ... Netscape argues that the
mere act of downloading indicates assent. However, downloading is
hardly an unambiguous indication of assent. The primary purpose of
downloading is to obtain a product, not to assent to an agreement.
... Netscapes failure to require users of SmartDownload to indicate
assent to its license as a precondition to downloading and using its
software is fatal to its argument that a contract has been formed.
... From the user's vantage point, SmartDownload could be analogized
to a free neighborhood newspaper, readily obtained from a sidewalk
box or supermarket counter without any exchange with a seller or
vender. It is there for the taking. ... Defendants argue that this
case resembles the situation where a party has failed to read a
contract and is nevertheless bound by that contract. See, e.g.,
Powers v. Dickson, Carlson & Campillo, 54 Cal.App.4th 1102, 1109, 63
Cal.Rptr.2d 261 (Cal.Ct.App. 1997); Rowland v. PaineWebber Inc., 4
Cal.App.4th 279, 287, 6 Cal.Rptr.2d 20 (Cal.Ct.App. 1992). This
argument misses the point. The question before me is whether the
parties have first bound themselves to the contract. If they have
unequivocally agreed to be bound, the contract is enforceable
whether or not they have read its terms."
Under your silly GNUtian logic, plaintiffs are either IP thieves or
must be bound by the licensing provisions (including arbitration
clause in Netscapes license). Yet AOL/Netscape didn't countersue
for copyright infringement and instead agreed to quite draconian
settlement. How come?
regards,
alexander.
- Re: GPL and other licences, (continued)
- Re: GPL and other licences, Bernd Jendrissek, 2006/02/10
- Re: GPL and other licences, Alexander Terekhov, 2006/02/10
- Re: GPL and other licences, Bernd Jendrissek, 2006/02/13
- Re: GPL and other licences, Alexander Terekhov, 2006/02/13
- Re: GPL and other licences, Bernd Jendrissek, 2006/02/13
- Re: GPL and other licences, Alexander Terekhov, 2006/02/13
- Message not available
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, David Kastrup, 2006/02/02
- Re: GPL and other licences,
Alexander Terekhov <=
- Re: GPL and other licences, David Kastrup, 2006/02/02
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, David Kastrup, 2006/02/02
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, David Kastrup, 2006/02/02
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, Rui Miguel Silva Seabra, 2006/02/02
- Message not available
- Re: GPL and other licences, Alexander Terekhov, 2006/02/02
- Re: GPL and other licences, Lee Hollaar, 2006/02/02