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Re: Circumventing the GPL


From: Alexander Terekhov
Subject: Re: Circumventing the GPL
Date: Fri, 25 Jul 2008 18:10:07 +0200

David Kastrup wrote:
[...]
> Agreement is precedent to making copies.  

No. The act of making copies (other than by downloading from online
distributor without "I agree" manifestation of assent prior to getting
copies, "fair use", etc.) makes me subject to contractual obligations
(let's assume enforceable contract) spelled out in the license.

> You can't drop it later.  

That's called breach of contract. Nothing unusual. The contract laws
recognize a concept called "efficient breach" which encourages breach of
a contract if it's economically efficient to do so. Compliance with a
contract is almost always voluntary -- if you choose not to comply, then
you don't have to. You merely have to compensate the non-breaching party
for his expectancy interest (pay contract damages). 

And that has nothing to do with copyright infringement.

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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