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Re: The worst that can happen to GPLed code

From: Stefaan A Eeckels
Subject: Re: The worst that can happen to GPLed code
Date: Sat, 19 Jun 2004 00:23:02 +0200

On Fri, 18 Jun 2004 22:37:09 +0200
Alexander Terekhov <> wrote:

> Stefaan A Eeckels wrote:
> [...]
> > This has nothing to do with the browser. It's not the
> > temporary copying that's the problem (though it might,
> > would it come to a court case), but the fact that to
> > go from the copy that's covered by first sale to the
> > thing you want to distribute, you will have to make
> > a copy, and it's not intermediary at all, because you
> > cannot distribute the original file you downloaded.
> > The executable contains a copy of that file.
> If you want to burn a CD or a DVD, it will also contain a copy of the 
> original work you downloaded to your hard disk. "[temporary copies of 
> any work] the infringement is de minimis, or the infringement may be 
> excused as fair use as in the case of a lawfully made CD, DVD, or 
> digital download of copyrighted material." (from the "Initial Comments 
> Filed in Response to 65 FR 35673").

Since when is preparing an executable for distribution
lawfully making a CD? You're arguing a point that I
didn't make. 

> See, de minimis and fair use, my friend.

Am I? Well then, listen to the advice of your friend, and
quit splitting hairs. You've now retreated to the point
that you want to argue that a copy of a copyrighted file
in an executable is temporary, de minimis or fair use.
It's risible. There is _no_ analogy between permanently
including, without permission, a copyrighted work in an
executable you're selling/distributing, and creating
temporary copies on your own system. 

There's no problem with being wrong, but it becomes
a problem when you cannot admit you were wrong, and
continue skating on ice that gets ever thinner. Try
learning that lesson now that you're young, because 
there's nothing more annoying than an old, stubborn fool.

Je tire ma révérence, and I suggest you do the same.


"What is stated clearly conceives easily."  -- Inspired sales droid

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