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Re: "GPL requirement could have a chilling effect on derivativedistros"

From: Tim Smith
Subject: Re: "GPL requirement could have a chilling effect on derivativedistros"
Date: Fri, 30 Jun 2006 03:06:28 -0000
User-agent: slrn/ (OS/2 for ENIAC)

In article <>, Alfred
M. Szmidt wrote:
>    How about a link to this legislation, GNUtian ams?
> Sure, copyright law.  But I doubt that you are familiar with that.

Try 17 USC 109.

This is the codification of the first sale doctrine.  Basically, it says
that if you have a legal copy of a copyrighted work, you do *NOT* need the
permission of the copyright owner to distribute it.

This is why you can sell a book to a used bookstore, without having to
contact the author and get permission.

>    Party B is not bound by the GPL because there was no assent to its
>    terms.
> By distributing the copy Party B accepted the license.

That only works if distributing the copy is something that Party B is not
entitled to do without a license.  Because of first sale, Party B does not
need the copyright owner's permission to distribute this copy, and so the
act of distributing does not constitute acceptance of the offered license.

--Tim Smith

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