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Re: GNU licenses


From: Alexander Terekhov
Subject: Re: GNU licenses
Date: Thu, 21 Sep 2006 22:59:06 +0200

"Alfred M. Szmidt" wrote:
> 
>    > The option to start complying with the GNU GPL exists,
> 
>    Even in a criminal action brought by the state? Must be fun to live
>    on the GNU Republic: GPL or else go to jail. Paradise of freedom.
> 
> My beloved Alexander, you seem to not be able to read my prose.

I enjoy reading your prose, GNUtian ams. Very entertaining. 

Now tell me when are you going to grasp that "retroactive license" as 
relief to redress copyright infringement is utter nonsense?

http://www.usdoj.gov/criminal/cybercrime/18usc2319.htm
(Criminal Infringement of a Copyright)

"such penalties shall be in addition to any other provisions of title 
17 or any other law".

If there's infringement then there's no license. If there's a 
license and alleged breach, then one can cure the breach of contract 
(contract damages aside for a moment) but breach of contract (IP*** 
licenses are contracts) just can't be prosecuted as (if there was) 
copyright infringement.

Hey, it's not rocket science, ams. Well, given that you're just 
unable to grasp even more simpler concept of "limited by" as in 

<quote source=18usc2319.htm above> 

the terms "reproduction" and "distribution" refer to the exclusive 
rights of a copyright owner under clauses (1) and (3) respectively 
of section 106 (relating to exclusive rights in copyrighted works), 
as limited by sections 107 through 120, of title 17. 

</quote>

I guess the answer is never.

***) <quote source=18usc2319.htm above> 

(2) Persons permitted to submit victim impact statements shall include--
 
[...]

      (B) holders of intellectual property rights in such works;
                     ^^^^^^^^^^^^^^^^^^^^^

[...]

</quote>

regards,
alexander.


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