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Re: What is source ?

From: David Kastrup
Subject: Re: What is source ?
Date: Tue, 15 Aug 2006 13:08:42 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
>> license, I don't see where you base this off.
> I'm tired of you, stupid dak.

In short, you can't counter.

> Here's GPL FAQ from Welte's attorneys:

Oh, that means that you agree with Welte?  Interesting news.  Anyway,
you cite the theory that a "Vertrag" may be constituted by
"konkludentes Handeln", like buying something in a shop constitutes a

Now if we, for the sake of amusing ourselves, assume that the GPL
constitutes such a contract, then we can look into the GPL and see
what obligations the licensor is entering according to the GPL.  And
lo-and-behold, there are none.  So the _contractual_ obligations, if
we hold to the theory of GPL being a contract, are none for the
licensor, apart from ceding the right to stop the licensee from using
the software according to the license.

Now if the licensor did not even give the licensee source code, the
"konkludentes Handeln" which would make the closing of a contract
conclusive did not even happen.

What you are wanting to sue for is for the "konkludentes Handeln"
which would actually make an indication that a contract was being
implied.  That's backward.  It's like suing a customer in a shop for
not paying for a ware which the customer first wanted to buy but then
did not take to the register.

And you do that by suing him because he should really have taken it to
the register when he wanted to buy it, as everything that is bought
has to be taken to the register according to the AGB of the shop.

Anyway, I spelled out two parties you might want to sue according to
your legal theories, one more silly than the other.  Take your pick.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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