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Re: Licensing question about the BSD

From: Alexander Terekhov
Subject: Re: Licensing question about the BSD
Date: Tue, 09 Aug 2005 16:46:58 +0200

Rui Miguel Seabra wrote:
> On Tue, 2005-08-09 at 15:41 +0200, Alexander Terekhov wrote:
> > Well, regarding the GPL, GNUtian Moglen says that there aren't any
> > promises at all to be enforced.
> >
> >
> And here you both:
>         misquote

How so?


Because the GPL does not require any promises in return from licensees, 
it does not need contract enforcement in order to work. A GPL licensor 
doesn't say in the event of trouble "But, judge, the licensee promised 
me he wouldn't do what he's doing now." The licensor plaintiff says 
'Judge, the defendant is redistributing my copyrighted work without 


If you mean the omission of the rest of Moglens gospel... well,

"The defendant can then either agree that he has no permission,"

Objection. I have permission (unilateral grant) to reproduce.

"in which case he loses, or assert that his permission is the GPL,"

Copies are lawfully made pursuant to the GPL's unilateral grant 
to reproduce.

"in which case he must show that he is obeying its terms."

No. You must show that copies are not lawfully made.

"A defendant cannot simultaneously assert that the GPL is valid 
 permission for his distribution"

I accept plaintiff's position that the GPL conveys valid 
*unilateral* grant to reproduce. Plaintiff is estopped to change 
his position.

"and also assert that it is not a valid copyright license," 

Ah that...

"which is why defendants do not 'challenge' the GPL."

Oh dear, just say a single word in the direction of extracting 
the rights to my (non-derivative) works and I'll challenge your 
claims under doctrine of copyright misuse. And my successful 
defense will put all your GPL'd works into the quasi public 
domain (by means of court imposed copyright impotence regarding 
your GPL'd works). Wanna play?

>         quote thyself

What do you mean?


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