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Re: Ruling Is a Victory for Supporters of Free Software

Subject: Re: Ruling Is a Victory for Supporters of Free Software
Date: Sat, 16 Aug 2008 20:01:07 -0500
User-agent: slrn/ (Debian)

On 2008-08-16, Alexander Terekhov <> wrote:
> Subject: Re: Strong Court Ruling Upholds the Artistic License (fwd) 
> From: 
> Date: Fri, 15 Aug 2008 14:48:12 -0400 


> Second, the CAFC's opinion creates a great deal of uncertainty for
> software licensing (whether proprietary or open source).  Let's take the
> GPLv3 as an example.  As most peoople are aware, there are a variety of
> disagreements over exactly what is required of a licensee to comply with
> various provisions of the GPL. Section 2 of the GPL appears to
> "condition" the rights granted under the license on the licensee's
> compliance with the "conditions" stated in the license.  Under the
> CAFC's decision in Jacobsen, it stands to reason that a licensee that
> fails to fully satisfy the "conditions" stated in the GPLv3 would
> infringe the licensor's copyrights rather than merely breaching the

    What "uncertainty"?

    This is the stated design goal of the license.

> license.  Thus, even if the licensee unintentionally violated the terms
> of the GPLv3 because the meaning of the terms are not clear, the
> licensee would be liabile for infringement.


        Sophocles wants his cut.                                |||
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