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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Doug Mentohl
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 11 Feb 2009 11:13:32 +0000
User-agent: BlackBerry8330/4.3.0 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105

flattie amicus Rjack wrote:

This is the central flaw of the GPL license. It attempts to secure the exclusive rights of a 
modifying author who accepts GPL code by attempting to force them to license their modifications 
"to all third parties" under terms of the GPL. A "viral" public copyright 
license is the very definition of copyright misuse.

What you are engaged in here is a tautological inexactitude. A license can't be simultaneously exclusive or applicable 'to all'. And nowhere in the GPL does the author rescind his copyright. In fact removal of the copyright notice is a violation of the GPL ..

"the FSF decided long ago to allow developers to use GCC's libraries to compile any program, regardless of its license"

"Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it"

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