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Re: More FSF hypocrisy

From: Alan Mackenzie
Subject: Re: More FSF hypocrisy
Date: Tue, 24 Mar 2009 20:58:01 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

In gnu.misc.discuss Rjack <> wrote:

> Copyright law as written by Congress is designed to establish the
> right to exclude. *ONLY* Congress can create those "in rem" rights
> to exclude. See 17 USC section 301(a).

> Copyright licenses are designed to waive particular rights to
> exclude so that licensees may use those personam rights granted by
> the copyright owner in contractual privity.

That's a very strange statement.  The GPL is not so designed; it is
designed to "waive particular rights" over any who conform to its
requirements, regardless of the contractual privy.  It is thus not a
contractual license, since there are no contractual negotiations or
handshakes involved.

By your statement, are you trying to show that the GPL isn't really a
copyright license, or are you making a historical assertion, that this
was the motivation of the original license designers?

Alan Mackenzie (Nuremberg, Germany).

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