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Re: Licensing question about the BSD

From: Alexander Terekhov
Subject: Re: Licensing question about the BSD
Date: Mon, 08 Aug 2005 21:25:10 +0200

Alexander Terekhov wrote:
> consequence, the GPL'd stuff should be exempt from "first sale"...
> other bizarre legal constructions of his own (together with his
> friend Metzger) creation aside for a moment.

Well, looks like that in the meantime, the fellows have realized 
that exemption from first sale won't fly. They have yet to discover 
that copies created in the course of downloading from the 
authorized distributor (not the same as mere displays [on the net] 
of "all rights reserved" source code, and etc. "displays" not 
conveying ownership to the downloaded copies) also fall under the
first sale (and that at least in US where it is statutory under 17
USC 117, subsequent distribution of such a copy can be accompanied 
by additional copy in object code form which is necessary to run 
software... as part of "mere aggregation" with some other "library" 
stuff or whatnot).


German Free Software License

(c) Ministry of Science and Research, State of North-Rhine 
Westphalia 2004

Developed and created by Axel Metzger and Till Jaeger, Institut 
für Rechtsfragen der Freien und Open Source Software (Institute 
for Legal Issues On Free and Open Source Software),


Section 5 Conclusion of the Contract

(1) With this License you and any other person are offered the 
conclusion of a contract for the use of this Program under the 
conditions of this License.

(2) You may use the Program in accordance with the applicable 
statutory provisions for the intended purpose without having to 
accept this License. In the European Union and in most other 
legal systems, this right in particular includes the following 

1. Running of the Program as well as reproducing on hard-drive 
   and RAM required for this;
2. Making of a back-up copy;
3. Correcting errors;
4. Distributing a lawfully acquired physical copy of the Program.

(3) You declare your acceptance of this License by distributing 
the Program, making it publicly available, modifying or 
reproducing it in a way that goes beyond the intended use in the 
sense of Subsection 2. From this time on, this License shall be 
deemed as a legally binding agreement between the Entitled 
Persons and you, without the need for the Entitled Persons to 
obtain a declaration of acceptance.


BTW, see also


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