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Re: Looking for an open source license..

From: David Kastrup
Subject: Re: Looking for an open source license..
Date: Mon, 26 Jun 2006 19:20:38 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
>> Sure, and you can then resell this CD if you want to.  What you can't
>> do is make additional copies and sell those without adhering to the
>> license.
> Another legal persons makes copies. And he is in total compliance. I
> just distribute those lawfully made copies (he doesn't impose any
> restrictions on me because the GPL doesn't require to propagate the
> contract along with each copy and make me assent to the
> GPL). Without sources, any written offers, and under contractual
> terms requiring forbearance from right granted under the GPL to
> works embodied in my copies. It basically turns the GPL stuff into
> binary only "all rights reserved" with contractual remedies and
> damages for breach of contract that I can enforce. Wanna test it in
> court, dak?

Not really.  Judges don't cherish circumvention, which makes them
different from machines.  For example, claiming that I should not get
sued for firing a pistol because gravity was at fault for moving the
bullet on which I only intended to go for two feet, is not going to

One problem is that this "another legal person" is likely acting as
your agent.  And that makes the whole "another legal" idea fall down.

If it didn't, corporate lawyers would long since have been fixed onto
such schemes.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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