Re: SFLC stipulated dismissal of Comtrend without any settlement

[Hyman Rosen]

On 4/13/2010 1:34 PM, Alexander Terekhov wrote:
> http://www.gnu.org/licenses/gpl.html
> "by [blah-blah], you indicate your acceptance of this License"
> http://en.wikipedia.org/wiki/Offer_and_acceptance#Communication_of_acceptance
> "It may be implied from the construction of the contract that the
> offeror has dispensed with the requirement of communication of
> acceptance ... acceptance may be inferred from conduct"

If someone copies and distributes GPL-covered code,
it may be assumed that he accepts the GPL since he
has no other permission to do so. If he wishes to
claim that he did not accept the GPL, that's fine.
He has then infringed on the copyrights of the
covered work.

> 17 U.S.C. § 109(a)

The defendants are not distributing first-sale copies.
They are copying and distributing GPL-covered works
without complying with the GPL, and are therefore
infringing on the copyright of the covered works.