Re: When is a GPL program which runs in a web site 'conveyed'?

[Alexander Terekhov]

Hyman Rosen wrote:
[...]
> Yep. Here's the entire decision,
> <http://www.cafc.uscourts.gov/opinions/04-1462.pdf>,
> so that everyone can see what you are so conveniently leaving out.
> 
>      "To succeed in a copyright action, “the copying must be beyond
>       the scope of a license possessed by the defendant,” Stenograph,
>       144 F.3d at 99, and the source of the copyright owner’s
>       complaint must be grounded in a right protected by the
>       Copyright Act, such as unlawful reproduction or distribution.
>       See 17 U.S.C. § 106. In contrast, the rights granted by
>       contract can be much broader."
> 
> So you see that there is a difference between license and contract,

Why did you not quote the following subsequent text?

"As an example, consider a license in which the copyright owner grants a
person the right to make one and only one copy of a book with the caveat
that the licensee may not read the last ten pages. Obviously, a licensee
who made a hundred copies of the book would be liable for copyright
infringement because the copying would violate the Copyright Act’s
prohibition on reproduction and would exceed the scope of the license.
Alternatively, if the licensee made a single copy of the book, but read
the last ten pages, the only cause of action would be for breach of
contract, because reading a work does not violate any right protected by
copyright law."

In the GPL case, for failure to provide access to source code, the only
cause of action would be for breach of contract, because not providing
access to source code does not violate any right protected by copyright
law.

The GPL doesn't impose scope restrictions such as number of copies or
time limitations.

The GPL has unlimited scope.

regards,
alexander.

--
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