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Re: SFLC's GPL court enforcement -- track record

From: rjack
Subject: Re: SFLC's GPL court enforcement -- track record
Date: Tue, 22 Jul 2008 20:04:27 -0400
User-agent: Thunderbird (Windows/20080421)

Hyman Rosen wrote:
Rahul Dhesi wrote:
I think you folks are assuming that the GPL somehow gives you, the buyer of
 the router, the right to get source code from somewhere.

It does, unless the chain of GPL licensing is somehow broken, perhaps through
 the use of the First Sale Doctrine.

There is no such thing as a "chain of licensing" under the GPL. The GPL is a
nonexclusive license and there is no such thing as "sub-licensing" under a
nonexclusive license. The best you can do is a "transfer of contractual
interest". You can't transfer ownership of copyrights with a nonexclusive
license and you can't license what you don't own.

Rjack :)

Sec. 101 definitions.
A “transfer of copyright ownership” is an assignment, mortgage, exclusive
license, or any other conveyance, alienation, or hypothecation of a copyright or
of any of the exclusive rights comprised in a copyright, whether or not it is
limited in time or place of effect, but not including a nonexclusive license.
(Copyright Act of 1976)

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