gnu-misc-discuss
[Top][All Lists]
Advanced

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Effect of transfer of copyright on free software licenses?


From: Rjack
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Fri, 24 Jul 2009 06:34:21 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Alexander Terekhov wrote:
Rjack wrote: [...]
they are offering you a unilateral contract. They say they are offering you a money-back guarantee.

Software universally comes with license agreements, so the GPL
 is a license.
Your babbling Hyman. Come on Hyman -- rejoin reality.

Perhaps Hyman could explain the following babbling:

http://www.fsf.org/news/microsoft_response

"Microsoft cannot by any act of anticipatory repudiation divest itself ^^^^^^^^^^^^^^^^^^^^^^^^ of its obligation to respect others' copyrights. If Microsoft distributes our works licensed under GPLv3, or pays others to distribute them on its behalf, it is bound to do so under the terms of that ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ license. It may not do so under any other terms; it cannot declare itself exempt from the requirements of GPLv3."

In light of

http://en.wikipedia.org/wiki/Anticipatory_repudiation

"Anticipatory repudiation, also called an anticipatory breach, is a
term in the law of contracts that describes a declaration by the promising party to a contract, that he or she does not intend to live up to his or her obligations under the contract."

http://legal-dictionary.thefreedictionary.com/Anticipatory+Repudiation




"The unjustifiable denial by a party to a contract of any intention
to perform contractual duties, which occurs prior to the time performance is due.

This form of breach, also known as anticipatory breach of contract,
occurs when one party positively states that he or she will not substantially perform a contract."

LOL.


Ouch.

"However, anticipatory repudiation only applies to a bilateral
executory contract with non-performed duties on both sides."
http://en.wikipedia.org/wiki/Anticipatory_repudiation

It seems that IBM is claiming that the GPL is a bilateral
executory contract...

Since the copyright permissions to create a derivative work
must be granted *prior* to the distribution of a derivative work
(except in the land of GNU where time machines are commonplace),
the GPL cannot be a bilateral executory contract with non-performed
duties on both sides. Thus it is not subject to anticipatory breach.

This is all based arguendo on the fact that the GPL is a legal,
binding contract -- which it isn't.

Sincerely,
Rjack




reply via email to

[Prev in Thread] Current Thread [Next in Thread]