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From: | Alexander Terekhov |
Subject: | Re: [upcoming] The European Court of Justice on 'Software' First Sale |
Date: | Mon, 15 Oct 2012 10:05:18 +0200 |
Ivan Shmakov wrote: [... accept and comply to GNU GPL ...] Failure to comply with contractual requirements (such as GPL requirements regarding the act of distribution and source code) which have nothing to do with statutory rights is contractual matter ("breach of contract" claim) not tort (claim of copyright infringement). Suppose I give you a license to make 2 copies of my program XXX: "Ivan Shmakov can make 2 copies of XXX for the price one ruble per copy." If you make more than 2 copies that would be copyright infringement (and acceptance is irrelevant). If you accept the contract and make just one copy but fail to pay that is not copyright infringement (it is merely breach of contract).
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