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Re: GPL and other licences


From: David Kastrup
Subject: Re: GPL and other licences
Date: Sat, 11 Feb 2006 17:28:46 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
>
> [... license not a contract ...]
>
> Only if it's a "license" to do something regulated by
> government. Like a permit to run a public lottery or become a gun
> dealer. Such permits from state are neither contracts nor property
> rights. Moglen and RMS managed to bullshit you into believing that
> software belongs to state and hence is regulated by "license not a
> contract". That may be true in the GNU Republic, but in the rest of
> the world IP licenses (to execise exclusive right protected by IP
> laws; EULAs aside for a moment) are contracts.


<URL:http://legal-dictionary.thefreedictionary.com/license>

    license n. 1) governmental permission to perform a particular act
    (like getting married), conduct a particular business or
    occupation, operate machinery or vehicle after proving ability to
    do so safely, or use property for a certain purpose. 2) the
    certificate that proves one has been granted authority to do
    something under governmental license. 3) a private grant of right
    to use real property for a particular purpose, such as putting on
    a concert. 4) a private grant of the right to use some
    intellectual property such as a patent or musical
    composition. (See: licensee, licensor)

As you can see, you are wrong.  Again.  Too bad.  The meaning of
"license" you refer to above does not exhaust the legal meanings of
that term.  Those are meanings 1&2, but meaning 3&4 are also valid
uses.


-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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