Re: GPL traitor !

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > The law makes it clear that the GPL can’t affect the licenses  to
>  > those preexisting component parts. Again, linking doesn’t matter.
> 
> This is false, for static linking. The exclusive right to authorize
> the copying of of a component into a linked program rests with the
> copyright holder. Therefore, to copy and distribute such a linked
> work requires permission from the copyright holder of each component,
> and the GPL requires that the work as a whole be distributed under
> the GPL.
> 
> The author of a literary text may separately authorize its publication
> in hardcover or in paperback, in standalone form or as part of an
> anthology. In no case does one sort of permission automatically extend
> to another.

http://www.terekhov.de/Wallace_v_FSF_37.pdf

"In fact, the GPL itself rejects any automatic aggregation of software
copyrights under the GPL simply because one program licensed under the
GPL is distributed together with another program that is not licensed
under the GPL: "In addition, mere aggregation of another work not based
on the Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the other
work under the scope of this License." 

Plaintiff's mischaracterization of the GPL in his Response has no
bearing on the resolution of the pending Motion to Dismiss because the
Court can examine the GPL itself. "[T]o the extent that the terms of an
attached contract conflict with the allegations of the complaint, the
contract controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930,
933 (7th Cir. 2005)

...

Respectfully submitted,
s/ Curtis W. McCauley
Philip A. Whistler (#1205-49)
Curtis W. McCauley (#16456-49)

Attorneys for Defendant, Free Software
Foundation, Inc.

ICE MILLER
One American Square Box 82001
Indianapolis, IN 46282-0002
317.236.2100"

What say you now, Hyman?

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)