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Re: SFLC is SOL


From: Hyman Rosen
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:08:52 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 3/16/2010 10:05 AM, Alexander Terekhov wrote:
Read a bit more than a couple of introductory paragraphs

Nothing else you quote at all supports the notion that
preemption has anything to do with the GPL. That's not
surprising, since preemption has nothing to do with the
GPL.

That is a dangerous position!

<http://www.technollama.co.uk/a-licence-or-a-contract>
    this argument would seem to suggest that any user of copyright
    works can be taken to court, and only then they can prove that
    they actually had a licence to use the work. Imagine the same
    paragraph above being said by Bill Gates and not by Eben Moglen,
    and you will get why this is such a dangerous position!

This makes no sense. Assuming that "user of works" means
someone who is copying and distributing them, then he is
subject to infringement claims, to which he can use a
license as a defense. This is equally true for rights held
by Bill Gates or Eben Moglen and is entirely unsurprising.
Why would this be considered dangerous?


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