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Re: Problem with GPLv3 FAQ about linking with Visual C++

From: David Kastrup
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Wed, 03 Feb 2010 17:18:52 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.90 (gnu/linux)

Hyman Rosen <> writes:

> On 2/3/2010 11:06 AM, Alexander Terekhov wrote:
>> What makes you think that the controversial aspects of the GPL is just
>> void/unenforcable nonsense which can be safely ignored by the parties in
>> making the contract?
> The fact that companies which have ignored the GPL have been sued and
> subsequently have come into compliance.

Reread the question.

>> Only enforceable obligations can be breached silly Hyman. The
>> unenforceable nonsense can not be breached and is not part of the
>> contract.
> Fortunately, the terms of the GPL are enforceable.

Actually, they aren't, because the GPL is not a contract.  But
_copyright_ is enforceable.  And the _conditions_ of the GPL can be
_checked_ in order to establish whether its _permissions_ can be made
used of.

The relative dearth of court precedents concerned with the GPL rather
than copyright itself is due to that.

David Kastrup

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