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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 11 Feb 2009 09:53:58 -0500
User-agent: Thunderbird (Windows/20081209)

Rjack wrote:
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.

It doesn't force anyone to do anything, any more than Microsoft
forces anyone to pay for Office. The modifying author is not
permitted to make modifications or convey them under copyright
law unless he receives permission to do so from the rights holder.
That permission, the GPL, comes with terms. If he does not find
the terms acceptable, then he should not accept them.

In fact, your premise is already flawed - the modifying author has
no right to make modifications in the first place unless he already
has accepted the GPL.

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