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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: David Kastrup
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 18 Feb 2009 19:54:00 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.0.60 (gnu/linux) (Rahul Dhesi) writes:

> Hyman Rosen <> writes:
>>Rahul Dhesi wrote:
>>> Your baseline is wrong.
>>No, it's not. How else should GPL enforcement work?...
> A disingenuous question.

Yup.  The GPL can't be enforced at all because it is a license, not a
contract.  If the conditions of the GPL are not met, the GPL simply does
not apply.  You are then back to square one, plain copyright.

> A victory occurs where potential wrong-doers get the message that if
> they violate the GPL for a period, they will end up with a net loss
> due to having paid damages to the copyright owner that exceed their
> benefit for the period of violation.

You can't violate the GPL when you never agreed to it in the first
place.  You can merely get into the situation that you are without
anything but the default license granted by copyright.

David Kastrup

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