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From: | rjack |
Subject: | Re: When is a GPL program which runs in a web site 'conveyed'? |
Date: | Fri, 04 Jul 2008 11:52:10 -0400 |
User-agent: | Thunderbird 2.0.0.14 (Windows/20080421) |
Hyman Rosen wrote:
Alexander Terekhov wrote:"However, nothing other than this License grants you> permission to propagate or modify any covered work. "That's NOT true.You failed to read the Terms and Conditions, where you would have seen this: To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission... To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law... So the license says that if you want to do something that copyright law would stop you from doing, the only way to do that is to accept the license. If copyright law lets you do something, then that action is not covered by the defined terms "modify" and "propagate", and you don't need the license to give you that permission anyway.
You're confusing *contract terms* with "scope of use" restrictions on a copyright *grant of permissions* in a copyright contract. All copyright license are contracts. Within the contract are limitations on the actual "uses" of the work (called the scope of the license). Contract terms and scope restrictions are two different concepts, violations of "terms" (contract covenants) are enforced under contract law, while exceeding the "scope of use" is enforced under copyright law: "In light of their facts, those cases thus stand for the entirely unremarkable principle that “uses” that violate a license agreement constitute copyright infringement only when those uses would infringe in the absence of any licenseagreement at all."; Storage Technology Corporation v.Custom Hardware Engineering & Consulting, Inc., 421 F.3d 1307 (CAFC) (2005)
Sincerely, Rjack :)"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." -- John Adams, 'Argument in Defense of the Soldiers in the Boston Massacre Trials,' December 1770
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