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Re: US court says software is owned, not licensed

From: David Kastrup
Subject: Re: US court says software is owned, not licensed
Date: Sat, 10 Oct 2009 21:42:58 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.50 (gnu/linux)

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
>> Is that a loophole for the GPL in US jurisdiction?  Maybe, but
>> apparently not large enough to be attractive for setting up a business.
> Dak, dak, dak, how do you know that? Please share with us the
> methodology of your study regarding "not large enough to be attractive
> for setting up a business", stupid dak.

The GPL has been around for a few dozen years, the GPL software market
is worth billions by now, and there is no known business making use of
that purportive loophole.  That's what "apparently" means.

In an accordion, notes sound on both push and pull, but the
free-swinging reeds work unidirectionally, so there are always pairs of
them.  In order not to lose too much air, opposite of each reed there is
a strip of foil or leather that closes off air flowing past the
non-active reed.  They are important, or the sound breaks down.
However, the highest reeds are without such valves: they are so small
that the escaping air past the passive reed causes less disturbance than
having to move a valve would.

And the "loophole" in the GPL would seem to be the same: the measures
needed for closing it would likely do more harm than good.  Since nobody
bothers "exploiting" it, so what?

In addition, first sale is not part of the Berne convention, so we are
not even talking about something easily addressed in an internationally
applicable license.

Now I would not put it past you to try to set up a business centered
around this purportive loophole.  But nobody in his right mind would
care to do important business with you anyway.  You come across as far
too willing to take unnecessary risks.  Your compulsive desire to prove
yourself clever and the rest of the world stupid is simply too dangerous
in a business partner.

And as long as only your type is interested in that sort of thing, it
would appear to be academical in real life, clever Alexander Terekhov.

David Kastrup

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