Re: SFLC is SOL

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> On 3/16/2010 12:03 PM, RJack wrote:
> > That's a really brilliant tautology.
> > "If I never use the GPL then the Supreme Court ruling doesn't apply"!
> > Clever. Really clever.
> 
> If you choose not to avail yourself of the permissions granted
> by the GPL, then you are not bound by it. The Supreme Court says

Uh retard Hyman. 

To quote IBM:

"The ownership interests contributors to software licensed under the 
GPL might have in their modifications are seriously limited, given 
that any distribution of those modifications must be done under the 
terms of the GPL." 

Yes silly Hyman,

"Enforcing a contract between two parties leaves the subject matter of 
the contract (whether copyrighted or not) entirely unencumbered by any 
contract issue as to others not party to the transaction. Property 
rights and contract rights are simply not equivalent.92 "

But

"92. It can be argued that this might change if, in effect, no third 
party can avoid being bound by the contract terms in order to use the 
information. 
----- 

In context of

"Like the Supreme Court in Wolens, we think it prudent to refrain from
adopting a rule that anything [**25] with the label "contract" is
necessarily outside the preemption clause: the variations and
possibilities are too numerous to foresee. National Car Rental likewise
recognizes the possibility that some applications of the law of contract
could interfere with the attainment of national objectives and therefore
come within the domain of ß 301(a). . . 

But whether a particular license is generous or restrictive, a simple
twoparty contract is not "equivalent to any of the exclusive rights
within the general scope of copyright" and therefore may be enforced."
ProCD v. Zeidenberg 86 F3d 1447 (7th Cir. 1996) 

To repeat from Nimmer:

"It can be argued that this might change if, in effect, no third party 
can avoid being bound by the contract terms in order to use the 
information. "

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <hyrosen@mail.com> The Silliest GPL 'Advocate'

--
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.)