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Re: GNU licenses

From: Merijn de Weerd
Subject: Re: GNU licenses
Date: Tue, 05 Sep 2006 11:38:32 +0200

On Tue,  5 Sep 2006 10:52:31 +0200 (CEST), "Alfred M. Szmidt"
<> said:
>    Yes. Hence my conclusion that the statement in the GPL has no
>    value.  Either I accept the GPL, in which case it's a truism (which
>    has no value), or I do not accept the GPL, in which case my
>    distribution by definition does not indicate my acceptance.
> If you do not accept it, then you do not have any right to distribute
> the work.

Basically our discussion comes down to:
"You can't do that!"
"I just did!"

This is about *legally can* versus *factually can*. I am physically able
to distribute works without accepting their license. It is an
infringement of the applicable copyright, sure. But I can perform the
act anyway.

"You can't do that!"
"I just did!"

You seem to think that because there is a way to distribute legally, and
I distribute, I must have chosen this legal way. This is not necessary. 
I can choose to ignore the license and defy copyright law. I am
physically able to distribute the work after I make that choice. Sue me
if you want to make me stop.

That statement in the GPL does not become true until I *HAVE* accepted
the license. If I refuse to accept the GPL, its declaration that I am
supposedly bound is without value.


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