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Re: GPL traitor !


From: Alexander Terekhov
Subject: Re: GPL traitor !
Date: Wed, 20 May 2009 15:47:58 +0200

Hyman Rosen wrote:
[...]
> If you choose to read it as not applying to works which contain a
> portion of the program, that does not mean that such works are then
> permitted to be distributed without restriction. On the contrary,
> it means that such works are not permitted to be created or copied
> at all, because no permission to do so has been granted. 

Lack of virality regarding compilations (the term compilation includes
collective works, see 17 USC 101) is explicitly covered by "mere
aggregation of another work not based on the Program with the Program
(or with a work based on the Program) on a volume of a storage or
distribution medium does not bring the other work under the scope of
this License", silly.

Virality regarding compilations as you suggest would result in
"automatic aggregation of software copyrights under the GPL". The FSF is
on record disputing such interpretation of the GPL in court:

http://www.terekhov.de/Wallace_v_FSF_37.pdf

"In fact, the GPL itself rejects any automatic aggregation of software
copyrights under the GPL simply because one program licensed under the
GPL is distributed together with another program that is not licensed
under the GPL: "In addition, mere aggregation of another work not based
on the Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the other
work under the scope of this License." 

Plaintiff's mischaracterization of the GPL in his Response has no
bearing on the resolution of the pending Motion to Dismiss because the
Court can examine the GPL itself. "[T]o the extent that the terms of an
attached contract conflict with the allegations of the complaint, the
contract controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930,
933 (7th Cir. 2005)."

regards,
alexander.

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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