Re: More FSF hypocrisy

[Hyman Rosen]

Rjack wrote:
> Are you functionally incapable of understanding that *NEITHER*
> author has an exclusive right to distribute a derivative work "as a
> whole" ?

As I have repeatedly stated, this is irrelevant. Both authors have
exclusive rights to determine how *their piece* may be used in the
combined work, irrespective of how they have permitted their work
to be used when it stands alone, just as authors may independently
sell paperback and hardcover rights for their books. As a condition
of permitting *his own piece* to be copied and distributed as part
of a combined work, the author of the GPLed work requires that the
combined work as a whole be distributed under the GPL.

> The two author's can agree in privity of contract to allow
> distribution of the derivative work "as a whole". Violation of that
> bilateral agreement is addressed through breach of contract and
> *not* copyright law.

Wrong. In the case of the combined work containing GPLed code, the
combining author receives permission from the GPL. Violation of a
license is grounds for copyright infringement:
<http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh>