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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: Thu, 12 Feb 2009 10:22:53 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rjack wrote:
"5. You are not required to accept this License, since you have not
signed it.  However, nothing else grants you permission. . ."
How can a "use" precede itself?

What use is preceding itself? The "nothing else grants you
permission" clause is true whether or not you accept, or even
know the existence of, the GPL. The clause simply restates
copyright law.

Notice the words, "before performance under a contract becomes due"?
Section 5 of the GPL is legal nonsense.

The GPL is a license, not a contract.


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