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Re: Artifex v. Diebold: "The GPL is non-commercial!"

From: amicus_curious
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Fri, 6 Feb 2009 12:57:43 -0500

"Hyman Rosen" <> wrote in message news:d6Yil.3129$Nh4.98@newsfe21.iad...

In the case of downloading GPLed software, it's usually the case
that the user initiates the download, whereas in the Netscape case
it was the software itself initiating the download. But it may be
the case that you're right, and that you can first-sale distribute
a downloaded copy. You would still need to separately download each
copy that you wanted to distribute, and you would have to download
it directly to the distribution medium.

Not if the effect were the same. The issue at bar is the harm to the copyright holder and if he is willing to accept the result of one mechanism, i.e. the redistribution of the downloaded and authorized copy, there can be no harm found to be associated with some other mechanism that results in exactly the same condition.

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