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Re: license issue: calling a GPLv2 library
From: |
Alexander Terekhov |
Subject: |
Re: license issue: calling a GPLv2 library |
Date: |
Thu, 22 Jun 2006 21:13:49 +0200 |
Merijn de Weerd wrote:
[...]
> Why not? The above *says* that modifying or distribution is
> acceptance of the license. Or do you mean, you don't have to
> agree with that statement either?
As Hollaar (http://digital-law-online.info/lpdi1.0/treatise2.html)
noted, you don't have to agree with that statement (but see "more
accurate statement" below).
http://groups.google.com/group/misc.legal.computing/msg/3cf3e9ee08d2837b
-----
Just because the GPL states something doesn't make it so. In particular,
there are a couple of mistatements of the law there.
The first is that "nothing else grants you permission to modify ...
the Program."
17 USC 117(a) DOES grant that permission in a special, but important
instance:
Notwithstanding the provisions of section 106, it is not an
infringement for the owner of a copy of a computer program to
make or authorize the making of another copy or adaptation of
that computer program provided:
(1) that such a new copy or adaptation is created as an essential
step in the utilization of the computer program in conjunction
with a machine and that it is used in no other manner ...
There is nothing in the GPL that says that a person is not the "owner
of a copy" of the program. So, as long as the adaptation (modification)
is "an essential step in the utilization of the computer program in
conjunction with a machine" it is permitted without the GPL.
The second is that "nothing else grants you permission to ...
distribute the program."
17 USC 109(a) states that:
Notwithstanding the provisions of section 106(3), the owner
of a particular copy or phonorecord lawfully made under this
title, or any person authorized by such owner, is entitled,
without the authority of the copyright owner, to sell or otherwise
dispose of the possession of that copy or phonorecord.
However, you can't dispose of the possession of a computer program by
rental or lending. See 17 USC 109(b).
So, a more accurate statement would be:
However, nothing else grants you permission to modify AND
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License.
-----
regards,
alexander.
- Re: license issue: calling a GPLv2 library, (continued)
- Re: license issue: calling a GPLv2 library, David Kastrup, 2006/06/22
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Re: license issue: calling a GPLv2 library, Rui Miguel Silva Seabra, 2006/06/22
- Re: license issue: calling a GPLv2 library, David Kastrup, 2006/06/22
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/23
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Re: license issue: calling a GPLv2 library, Merijn de Weerd, 2006/06/22
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Re: license issue: calling a GPLv2 library, Merijn de Weerd, 2006/06/22
- Re: license issue: calling a GPLv2 library,
Alexander Terekhov <=
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/22
- Re: license issue: calling a GPLv2 library, Alfred M. Szmidt, 2006/06/21
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/21
- Re: license issue: calling a GPLv2 library, Alfred M. Szmidt, 2006/06/21
- Re: license issue: calling a GPLv2 library, Rui Miguel Silva Seabra, 2006/06/21
- Re: license issue: calling a GPLv2 library, Alfred M. Szmidt, 2006/06/21
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/21
- Message not available
- Re: license issue: calling a GPLv2 library, Alexander Terekhov, 2006/06/21
- Re: license issue: calling a GPLv2 library, Rui Miguel Silva Seabra, 2006/06/21