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Re: IBM's appellee brief in Wallace case


From: Rui Miguel Silva Seabra
Subject: Re: IBM's appellee brief in Wallace case
Date: Sun, 23 Jul 2006 09:49:02 +0100

Sáb, 2006-07-22 às 13:43 +0200, Alexander Terekhov escreveu:
> Nimmer continued...
> 
> -----
> While proponents refer to such restrictions as creating “free” software, 
> protecting rights, persons affected or potentially affected by the terms 
> tend to refer to the risk of “viral” license terms that reach out to 
> infect their own, separately developed software and of improper market 
>                                                        ^^^^^^^^^^^^^^^
> leverage and misuse of copyright to control the works of other people.
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> -----
> 
> Bingo.

Bingo? Bingo? Those "persons" he mentioned must want to include works of
others to run that "risk".

They may perfectly well write their own set of works that would satisfy
their need without including software written by others and published
under the GNU GPL.

Copyright infringement can only be done intentionally. That "risk" is
the risk of infriging copyright, and it simply can't happen if they
don't include other people's works and write their own instead.

So either you're misquoting, or Nimmer's in a parallel reality where
copyright infringement can happen by accident, as it happens on patent
infringement.

Rui

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