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Re: Circumventing the GPL

From: rjack
Subject: Re: Circumventing the GPL
Date: Tue, 22 Jul 2008 14:46:16 -0400
User-agent: Thunderbird (Windows/20080421)

Hyman Rosen wrote:
It occurs to me that in the U.S. there is a relatively easy
way to circumvent the requirement of giving away source code
for GPLed software.

You assume the GPL is enforceable and then scheme to circumvent it, but the license is preempted by 17 USC sec 301. You can't "circumvent" a copyright license that is intrinsically unenforceable.

Scheme no more my lad. Take up crochet or needlepoint.


--- "[I]f an extra element is required instead of or in addition to the acts of reproduction, performance, distribution or display in order to constitute a state-created cause of action, there is no preemption, provided that the extra element changes the nature of the action so that it is qualitatively different from a copyright infringement claim." Stromback v. New Line Cinema, 384 F.3d 283 (United States Court Of Appeals for the Sixth Circuit 2004) ---

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