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Re: "GPL requirement could have a chilling effect on derivative distros"

From: David Kastrup
Subject: Re: "GPL requirement could have a chilling effect on derivative distros"
Date: Thu, 29 Jun 2006 01:03:06 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
>> >     However, nothing else grants you permission to modify AND
>> >     distribute the Program or its derivative works.  These actions are
>> >     prohibited by law if you do not accept this License.
>> Well, since you are talking about modification AND distribution,
>> Hollaar seems to shoot down your interpretation, anyway.
> Not at all.
> Another legal persons makes copies. And he is in total compliance.

You mean, he licenses it to you as a whole under the GPL, as provided

  2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:

    a) You must cause the modified files to carry prominent notices
    stating that you changed the files and the date of any change.

    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.


So he licensed the work _under_ _the_ _GPL_ to you?  Fine.

> 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).

What happened to "under the terms of this license"?  Well, it is
nothing we really need to worry about too much, agreed, since those
terms include

  5. You are not required to accept this License, since you have not
signed it.

> Without sources,

Uh, no.  You can't change the stuff and distribute it in changed form.
You received it with source (and license), and if you want to insist
on just copyright exhaustion, you have to pass it on in this state.

> any written offers, and under contractual terms requiring
> forbearance from rights granted under the GPL to works embodied in
> my copies. It basically turns the GPL'd 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? I have a
> really nice "no more GPL" copy for you. With an autograph on it.

Courts are not interested in staged pseudocrimes.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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