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Re: Jacobsen v. Katzer settled

From: Hyman Rosen
Subject: Re: Jacobsen v. Katzer settled
Date: Tue, 23 Feb 2010 11:16:17 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 2/23/2010 9:48 AM, RJack wrote:
What you say *could* be true in a license. The critical word is
"precedent" which means "to precede". Unfortunately for the
Artistic License, you can't attribute a work you haven't yet received
permission to create. The very thing that is supposedly being
conditioned (the copyright permissions) is required to satisfy the
condition (attribution in the created work) -- which is impossible.

The same thing happens with respect to sec. 2 of the GPL.

Unfortunately for you, the court believed otherwise.
    The clear language of the Artistic License creates conditions
    to protect the economic rights at issue in the granting of a
    public license. These conditions govern the rights to modify
    and distribute the computer programs and files included in the
    downloadable software package.

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