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Re: Circumventing the GPL

From: rjack
Subject: Re: Circumventing the GPL
Date: Tue, 22 Jul 2008 19:37:35 -0400
User-agent: Thunderbird (Windows/20080421)

Ciaran O'Riordan wrote:
rjack <> writes:
[...]the license is preempted by 17 USC sec 301.[...]

And since invalidating the GPL would be worth billions to some companies, how
do you explain that your discovery (and that of Alexander Terekhov) are ignored by everyone in a position to act?

I see you have shifted the topic from the specific legal enforceability question
under U.S. law to that of a speculative question of motivations based upon
dubious assumptions.

Who, pray tell, are these mysterious billion dollar companies and what would
their business model resemble?


-- "[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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